Job Recruitment Website - Property management - The property service is too poor and the property fee is still very high. How should owners protect their rights?
The property service is too poor and the property fee is still very high. How should owners protect their rights?
According to our common sense, we should get what we pay. Similarly, we should enjoy the same value of property services as the property fees we pay. How much is the property fee in your community? Did you enjoy the same property service?
Most residential property fees are between one yuan and three yuan per square meter, and these prices are acceptable to everyone. Of course, in some luxury residential areas, the property fee is also around 6 yuan per square meter. However, how would you feel if the property in your community promised you that it would provide quality services before charging, but it broke its promise after charging, or even the service was poor? What would you choose to do?
Ms. Wang of Hefei has encountered this problem. Here's the thing. After the replacement of the property management company in Ms. Wang's community last year, the quality of property services dropped significantly. Ms. Wang compared the property fees and services of other nearby communities and felt that there was a huge gap. It turns out that the neighborhood next door is also a mid-range neighborhood, but the property fee of her neighborhood is 1.5 yuan per square meter, while the property fee of the neighborhood next door is 0.9 yuan per square meter. Why pay more property fees and enjoy less property services than the neighborhood next door? So Ms. Wang and several other owners made a decision together: refuse to pay the property fee!
The property is not so easy to handle. Everyone pays the property fee. Why don't you pay it? After repeated reminders, Ms. Wang still refused to pay. Soon after, the property took Ms. Wang to court.
The requirements of the property company are: Ms. Wang makes up the previous property fees and interest, and compensates the property company for liquidated damages. The property took out the Anhui property service contract signed with the residential area, which clearly stipulated the content of the property service and the property fee per square meter 1.5 yuan.
Since she dared not pay the property fee, Ms. Wang, as the defendant, was also prepared to respond to the lawsuit, and put forward the following reasons in her defense: 1. She didn't sign a property service contract with the company, and the contract is not binding on her. 2. The property company charges more than several nearby communities, but the service has not kept up with the price. 3. Many places in the community are not cleaned regularly, and there is a lack of garbage bins. 4. The property staff is not active and the service attitude is negative. 5. There are security risks in the public facilities in the community, and the property is ignored. 6. The original greening in the community was forcibly changed to other uses by the property. Based on the above reasons, it is reasonable not to pay the property fee.
After investigation, due to poor management, the original property of Ms. Wang's community withdrew from the community management on 20 17, and the owners' committee has not been established for a long time, and the community property service has been in the state of community trusteeship. At the end of 20 17, the neighborhood committee where the community is located signed a property service contract with the current property management company through formal channels, stipulating the property fee per square meter 1.5 yuan.
How much should I pay for the property?
What the hell happened? Through on-the-spot investigation, it is found that the following problems do exist in the community: the green lawn is overgrown with weeds, the garbage can not be found in the underground garage, and the garbage is piled up everywhere and not cleaned up; The two gates of the community, one without access control and the other without security; Warning signs were not placed in the construction area, and the safe passage in the residential road was not opened as required.
Based on the above analysis, the court held that the contract signed in accordance with the law should be valid and Ms. Wang should be bound by the contract. However, there are obvious defects in the services provided by the property management company, and the property management is chaotic, which even causes security risks to the owners. Considering the fault of both parties, it is decided to reduce the standard of this part of the property fee owed by Ms. Wang, and it is more appropriate to calculate it according to the 0.9 yuan per square meter. Moreover, considering the service problems of the property management company, the required interest and liquidated damages are not supported.
Is it advisable for Ms. Wang from Hefei, Anhui Province to safeguard her rights and interests in this way? At this time, some people will ask, whose is the price of property fees? Do community owners have the right to object to the price of property fees? Let's see what the law says. In this regard, Article 40 of the Property Management Regulations stipulates that property service charges should follow the principles of reasonableness, openness and adaptability of charges to service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract. Therefore, the property fee is not as much as the property company thinks! It must be reasonable, open and suitable for service level. But if these principles are violated, the owners can use legal means to safeguard their rights and interests.
Here, the author suggests that when you encounter problems in your life, you should take the initiative to seek legal solutions, instead of waiting until you become a defendant to remember to protect your rights by law, which will be very passive.
The property is not completely out of service. If you feel that the property charges are unreasonable, you can give priority to solving them through the administrative department. If you can't solve it, you can sue through law. Directly refusing to pay the property fee will make the arrogant property company wicked complain first! Have you ever encountered such a thing in your life? Has the service in your community kept up with the price of property fees? Welcome to pay attention to the author and take you to know more!
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