Property services and owners

After a property company signs a property service contract with the owners' committee, it is not necessary to sign a property service contract with every owner, but the owners' committee can sign it with the consent of the owners.

Legal analysis

The property service contract is signed by the owners and the property management company, and the owners have the right to view the property service contract. According to the relevant laws and regulations of our country, the property management company should sign a property service contract with the owner, so the owner has the right to check the property service contract and supervise the property management company to perform the property service contract. If the property contract is not signed, the owner will have to pay the property fee. Only under the following circumstances can the owner not pay or underpay the property service fee: 1. Except as stipulated in the property management service contract, the property management enterprise provides services by itself. Without the approval of the owners' committee or owners' assembly, the owners or users may not pay the fees. 2, the implementation of government guidance price of property services charges, the owners can refuse to pay more than the guidance price. 3. 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. Property management companies raise property service charges without authorization, and some owners who raise them without authorization may not pay them. If the property service contract stipulates that the service fee should be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee. 4. If the property has overlord clause, the owner can refuse to pay. For example, whether the previous property entered into a contract through consultation with the owner or entered into a contract by itself.

legal ground

Article 937 of the Civil Code of People's Republic of China (PRC) is a property service contract in which the property service provider provides the owners with property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owners pay the property fees. Property service providers include property service enterprises and other managers.

Article 34 of the Regulations on Property Management shall conclude a written property service contract with the property service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.