The property is not in place, can I not pay the property fee?

In community life, owners have long-term dealings with property management companies. If the property management company is serious and responsible, the two sides can naturally live in harmony. On the contrary, the service of the property management company is not in place, and it is easy for both parties to "make trouble". When the contradiction escalated, some owners angrily chose to refuse to pay property fees as a means of protest. Then, after the owner is sued by the property management company and provides evidence of imperfect property services, can he not pay or pay less property fees as appropriate? What kind of appeal will the court support?

Owner's opinion

Owner A: I have lived in the house for so many years, and the real estate license has never been issued, which has caused problems for children to go to school. What do you think I should do?

Owner b: the facilities in the community are too bad! Especially the elevator, sometimes good and sometimes bad, every time I take the elevator, I feel scared, and I don't know if the property has been repaired on time. ...

Owner C: On a hot day, garbage is often piled up for several days without being transported away. There are flies and bugs everywhere. Hold your nose every time you pass by!

Owner D: It's not that we don't want to pay the property fee. There is really nothing we can do ... As owners, we just want to have a good living environment ... Now we don't want to spend money regardless of the property. ...

Property opinion: If we have a contract, the owner should pay according to the contract.

Judge's statement: First of all, let's talk about the situation that the owner said that the real estate license was not done and the building quality was problematic. In the legal relationship of property management, both parties are the owner and the property company; In the relationship of house sale, the parties are the owner and the developer. To put it simply, the developer should be responsible for solving the problems such as changing one yard for another, handling documents or the quality of early construction, and paying the property management fee to the property management company according to the contract on time.

Let's talk about the owners' dissatisfaction with property services. In the trial, property services are generally measured by the standards agreed in the contract. If the owner argues that the property service provided by the property service enterprise is defective, the responsibility to prove that the property service is defective is generally borne by the owner in accordance with the principle of "whoever advocates the proof". The evidence that the owner proves that the property service is flawed mainly includes: First, the evidence that directly proves that the property service is flawed, including photos, videos and recordings. ; Second, indirect evidence, including the testimony of other residents in the community, relevant reports from the news media, and relevant certificates issued by neighborhood committees. , but the evidence effect of indirect evidence is slightly lower. If there is only indirect evidence, if a complete chain of evidence cannot be provided to prove that the property service is defective, the owner is likely to lose the case.

FREQUENTLY ASKED QUESTIONS

Not satisfied with the service of the property service enterprise.

Can I refuse to pay the property fee?

I can't. The realty service enterprise provides realty service according to the realty service contract, and the owner shall pay the realty fee. During the performance of the contract, no owner can refuse to pay the property fee on the grounds of "dissatisfaction with the service of the property service enterprise" or "the property service enterprise is not in place".

If the owners think that the realty service enterprise has not fulfilled or fully fulfilled the obligations stipulated in the realty service contract, they may ask the realty service enterprise to rectify within a time limit, take remedial measures or complain to the owners' committee, but they cannot refuse to pay the property fee. If the owner thinks that the breach of contract by the realty service enterprise has caused losses to himself, he may demand compensation. Paying property fees and claiming damages are two different things. If both parties fail to negotiate, they can claim their rights to the court.

If you are not satisfied with the property service.

Does the owner have the right to change the property company?

Of course. If the owners are dissatisfied with the property management company, they may convene a general meeting of owners and decide to dismiss the property service company and terminate the property service contract. The alternation period of new and old property companies is not the "empty window period" of property services. In order to protect the owner's rights during this period, Article 950 of the Civil Code stipulates that the original property service provider shall continue to handle the property service before the new property service provider selected by the owners' congress or the owner who decides to manage it by himself takes over, and may ask the owner to pay the property fee during this period.

The owner himself has not signed a contract with the property service enterprise.

Do you want to pay the relevant fees according to the contract?

It may have to be handed in. If the owners' committee or the community construction unit signs a property service contract with the property management company, it is the true intention of both parties to the contract, and the contract is valid for all owners of the community if it does not violate the mandatory provisions of the law.

At the same time, after the expiration of the contract, the property company's behavior of continuing to provide property services for the community constitutes a de facto property service contract relationship. The previous property service contract continues to be valid, and the owner shall pay the property service fee in full and on time as agreed in the contract.

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