Common property disputes in residential quarters and their solutions

In recent years, disputes between property management companies and community owners have emerged in an endless stream, and it is not uncommon to refuse to pay property fees and go to court. In the case that such things always happen around us, we can't help but wonder: If there is something wrong with the quality of the house, can the owner refuse to pay the property fee? What should I do if my safety responsibilities are not in place, my health maintenance is not in place, my anti-theft measures are not in place, and even my property is violated?

Case 1

Can I refuse to pay the property fee if there is a problem with the quality of the house?

From Jun. 5438 to Jun. 2007 10, the owner Cheng bought a commercial house in Jinhai International Garden Community, Hai 'an County. In June of 20 13 and 1 year, water seepage occurred on the external wall of the house purchased by Cheng. Cheng negotiated with developers, property management companies and construction units to reach a solution, but it failed to be repaired after repeated maintenance. In the same year, the vehicle parked in the fire exit of the community was punctured by others. Cheng found property management personnel to help solve this problem. Because there is a dead corner in the community, the property company can't find out who tied the vehicle after checking the monitoring. Later, Cheng thought that the property service of the property management company was not up to standard and refused to pay the 20 13 annual property service fee. The property company demanded it many times and filed a lawsuit with the court.

The case ended in the loss of the owner.

analyse

First, the housing quality problem is not the content of property services, and cannot be the reason for refusing to pay property fees; Second, the flat tire is not caused by the property, nor is it a reason for refusing to pay the property fee (as long as the property company does what it should be responsible for, such as the camera in the community is good, and the patrol personnel can patrol at a fixed point, the property company cannot be required to be responsible for everything in the community). To sum up, the owner can't take it out on the property company and refuse to pay the property fee because of the quality problem of the house and the theft of the community.

Perhaps someone will ask: beyond the authority of the property company, the owners have no choice? Not like this, the owner can also find the assistance of the property company and find the relevant departments and personnel to solve it.

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Can the property management company restrict the owners from using the elevator?

On July 20 1 1, Mr. Zhou bought a house in Su Jian Garden Community, Hai 'an. Later, Mr. Zhou owed the property service fee for nearly two years on the grounds that the tap water in his house was blocked, the property management company pushed the fume and noise discharged to the tap water company and the restaurants in the east and north of the community, which affected his life, and the balcony on the top of the commercial building on the second floor was not cleaned for a long time. After repeated written reminders failed, the property company restricted Mr. Zhou's access card from using the elevator. To this end, Mr. Zhou took the property company to court.

Finally, after negotiation, the property company no longer prohibited the owner Mr. Zhou from using the elevator, and both parties reached an agreement on the owner's loss and property fee payment.

analyse

First, the owner's restriction on the use of elevators is an infringement, and urging the payment of property fees cannot be realized through infringement. Two, the obligation of the property is to coordinate and deal with illegal operations, noise pollution, unauthorized construction, unauthorized changes in the building structure and other illegal acts.

Then, what should the property company do to restrict the use of elevators and other measures that hinder normal life? If the owner defaults on the property service fee, the property service provider will stop water supply, power supply and gas supply. Or improperly restrict the use of access control, elevators, etc. , affecting the normal life of the owner, the owner has the right to ask the property service provider to remove the obstruction, and has the right to claim compensation for the losses caused thereby. At the same time, the property management company has the obligation to publish the complaint telephone numbers of the administrative departments such as real estate, price, urban management, planning, transportation, industry and commerce, environmental protection and quality supervision.

Case 3

Do I have to pay a property fee if I take the house and don't move in?

In June 2007, Li bought a house in Central Modern City, Hai 'an County. Because Li did not decorate the house after receiving it, he had a dispute with the property company about the property fee. In March of 20 13 and July of 20 15, the property management company failed to collect the property fee from Li by express delivery, and filed a lawsuit with the court in August of 20 15, demanding the defendant Li to pay the property service fee and liquidated damages from 20 13 to 20 15.

Finally, the owner Li was judged to pay the property fee and liquidated damages at 80% of the agreed price.

analyse

1. The preliminary property service contract signed by Li and the property management office is valid, and the property fee will be collected from the date of delivery of the house; Secondly, Li moved in without decoration after delivery, which was a "vacant room", and the cost of property management services was reduced, and the property fee was "discounted".

In this case, Li enjoyed the "discount" of the property fee because he didn't decorate it. Then, if the house has been renovated but not moved in, can the property fee be discounted? First of all, I'll tell you one thing: the property fee for the unfurnished "vacant house" can be discounted. "Vacant houses" in the field of property services refer to houses that have been sold and delivered to the owners but have not yet moved in. The "check-in" here includes decoration, because decoration will produce living and decoration garbage, and the owner has actually enjoyed the property service, so it can no longer be regarded as a vacant house. Therefore, if your house has been renovated, you can't enjoy the preferential property fee.

Many people may have found that most of the above cases are the result of the owner losing the case, and the cases are all related to property fees. 20 13 Up to now, the most problematic property service dispute found by Hai 'an court is the collection of property fees.

Then the question comes: why did the owner lose the lawsuit with the property? If the property service is not in place, how can the owner get justice for himself?

Why go to court with the property?

Most owners lose?

China's "Property Management Regulations" stipulates that as long as the property company provides basic property services, the owner should pay the service fee, which is also a contractual obligation. In other words, the poor work of the property management company cannot constitute the reason why the owners refuse to pay the property fee. Therefore, the owner naturally lost the case.

If the behavior of the property company harms the interests of the owners, how should the owners specifically protect their rights?

If the owner delays or refuses to pay the property fee, the property management company will often take measures such as cutting off water and electricity, restricting your access and not letting you get on the elevator ... Although the law stipulates that if the property management company's behavior harms the interests of the owner and causes losses, the owner can claim compensation, but if you can't prove the economic losses caused by water and electricity cuts, the court will not support your claim for compensation.

Usually, the owner refuses to pay the property management fee because he is dissatisfied with the residential property management service. If the defendant goes to court, the court will rule that the owner loses the case. However, if a certain service of the property is really poor, the owner can counterclaim the property management company and ask for less or no payment of the property management fee owed. However, the owner needs to provide the court with evidence that the service of the property management company is not in place. For example, the property management should have gone to the door to solve the problem but did not deal with it. The owner will take photos and video to collect evidence, then go to the door to tell the property management and record the other party's reply through recording; Collect the evidence that property management has poor service to the community environment.

At this time, it will be shown that due to the discount of property management services, if the property management fee is reduced or even not paid, it is likely to get some support from the court. If the owner is unwilling to counterclaim, he can also negotiate directly with the property company with such evidence.

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