Interpretation of property contract disputes

In this case, you can't refuse to pay the property fee.

According to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, if a property service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the property service contract or determined by laws, regulations and relevant industry norms, and the owner requests the property service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.

Article 6 stipulates that if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the property service enterprise in requesting the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

In addition, according to the "Property Management Regulations", when the occupancy rate of the community reaches a certain proportion, the community neighborhood committee can take the lead in convening the first owners' meeting to elect the owners' committee, and the owners' committee will sign a contract with the property company, including the service content, charging standard and publicity of the property company. When most owners are dissatisfied with the services of the property management company, the owners' committee has the right to terminate the contract with the property management company. However, it is impossible for the owner to get legal support for refusing to pay the property fee on the grounds that the service of the property company is not in place or not.