Are property fees protected by law?

The laws and regulations involved in property fee disputes are mainly the provisions of property fees. Generally speaking, owners and property companies need to sign corresponding contracts. As long as the contents of the contract are not illegal, the general contract will take effect in time after it is signed successfully, and the contents are protected by law.

1. What laws and regulations are involved in the property fee dispute?

Article 2 of the Regulations on Property Charges: Property management enterprises provide services to owners (including providing property services as agreed in the property service contract and providing services beyond those agreed in the property service contract upon the entrustment of the owners);

The price shall be clearly marked in accordance with these provisions, indicating the service items, charging standards and other related information.

Article 3 of the Regulations on Property Charges: Property management enterprises shall follow the principles of openness, fairness, honesty and credit, and abide by national price laws, regulations, rules and policies.

Article 4 of the Regulations on Property Charges: The competent price department of the government shall, jointly with the competent real estate department at the same level, carry out the management of clearly marked property service charges. The competent pricing department of the government shall supervise and inspect the implementation of clearly marked price provisions by property management enterprises.

Property fee refers to the daily maintenance of houses, buildings and equipment, public facilities, greening, sanitation, transportation, public security and environment in residential areas entrusted by owners and users;

Maintenance, renovation and provision of other services related to residents' lives.

2. What are the causes of disputes over property fees?

(1) If the owner refuses to pay the fee unreasonably, he shall be ordered to pay the property management fee in accordance with the provisions of the contract, and bear the liability for breach of contract for delayed payment;

(two) for the owners who have not stayed in the house for their own reasons, it is generally not supported to ask for the reduction of property management fees on this ground;

(3) If the service quality provided by the property management company does not conform to the contract, the property management company refuses to pay the fee, which belongs to the property management company's prior breach of contract. The owner's refusal to pay the property management fee is an act of exercising the right of defense in the performance of the contract and a means of self-relief adopted according to law. In this case, according to the quality of service provided by the property management company, the property management company can decide to reject the lawsuit that requires the owner to pay the property management fee, or decide to reduce the property management fee of the owner, but the maintenance fee payable is not limited.

(4) For disputes caused by owners' refusal to pay the fees due to unreasonable allocation of public fees, on the basis of reasonably determining the fees to be shared by the owners in accordance with the relevant provisions of the competent government departments, the relevant owners shall be ordered to pay their share of property management fees and maintenance fees;

(5) If the property management company arbitrarily expands the charging scope, raises the charging standard and charges repeatedly, and the owner refuses to pay it, it is judged that the owner pays the property management fee according to the standard approved by the price department, and refuses the unreasonable part of the service charges increased by the property management company without the owner's consent, and it is suggested that the government price supervision and management authority punish the property management company for illegal charging;

(six) how to deal with disputes caused by the failure of both parties to sign a written property management contract. Because there is no property contract, there is no written agreement between the two parties to determine their rights and obligations. In the lawsuit, the owner will use this as a defense and refuse to pay the property management fee. We believe that although the two parties have not signed a written property management contract, the owners actually enjoy property management services and benefit from them, and a de facto property management relationship has been formed between the owners and the property management company. The court may, according to the principles of fairness, reasonableness, honesty and credit, refer to the charging standards set by the government or similar property service items, and judge the owners to pay the corresponding property service fees.

(seven) for the owners of property management fees in arrears, property management companies in accordance with the agreed requirements to pay late fees, should be supported. If the amount of overdue fine is too high, it can be appropriately adjusted according to the requirements of the defaulting party, and the adjusted overdue fine generally does not exceed the amount owed. In addition, in the process of hearing such cases, we should also pay attention to whether the charging standards of property management companies have been audited by the price department and whether they are clearly marked; Whether there is an agreement on special service charges in the contract between the owner and the property management company; Whether the property fees agreed in the contract can be collected in advance, whether the time limit for collecting in advance is in line with the law, and so on.

The laws and regulations related to property fees are mainly the provisions of property fees. According to this regulation, under normal circumstances, the owner can't default or refuse to pay the fee without reason. However, if the owner intentionally breaches the contract or refuses to pay, the owner may have to bear the corresponding liability for breach of contract.