In property management, the repeated response of owners due to noise influence has not been improved. Is it okay to owe management fees on this ground? Why?

Problem: The owner has repeatedly reported the noise problem to the property, but the situation has not improved. According to this, can the owner refuse to pay the management fee? My answer is: no!

Obligations of the owner: Strictly speaking, the property management service center has signed an entrusted management contract with the owner. According to the agreement, it is the legal obligation of the owner to pay the property fee on time. Under normal circumstances, the owner shall not refuse to pay the property service fee for any reason or excuse. Moreover, the property management regulations promulgated and implemented by the state have other provisions. If the owner fails to pay within the time limit, the property company has the right to collect late fees.

Owner's rights: it does not mean that the property is necessarily better than the owner. The Property Law stipulates that the owners have the right to dismiss or replace the property management even though they obviously feel that the property has infringed their personal interests and legitimate rights and interests, or the owners are not satisfied with the overall property management services.

Don't do nothing: in this case, the owner repeatedly reported the noise troubles to the property, but the situation has not been solved and improved. From the service point of view, the property management company has the fact that the service is not in place. Of course, the property management company thinks that it is not a law enforcement department, and sometimes it does not have the ability to solve some noise sources. This is a very irrational way to deal with it.

Noise source: If it is not the noise source placed by the developer or the property management company, but the noise generated by the facilities in other owners' homes, do you have the right to ask the property management company to bear the responsibility for improper management? Under normal circumstances, if it is caused by other owners, the property company has also coordinated but there is no result, which should have nothing to do with the property company and does not constitute infringement. The infringed may sue the infringer to stop the infringement and compensate the losses.

Comprehensive treatment skills: In case the developer rents the bottom business to a catering company, and the large condensing tower installed by the catering company brings great noise to the owner, in this case, the infringed owner should take the developer and the catering company as the defendants. Because, generally speaking, the installer should sue the catering company. However, if the developer agrees at the time of installation and both parties agree that after the lease contract expires, the equipment belongs to the developer and has been infringed by * * *. In terms of litigation skills, they should also be prosecuted as defendants.

Special emphasis

Determine the causes of noise sources and the subject of infringement;

The infringed owner shall determine the environmental pollution infringement dispute as the cause of action and record the time process of noise pollution;

Provide evidence to prove that life, work and study are seriously affected;

Professional institutions should be entrusted to detect noise to determine whether it exceeds the national standard;

You can sue the relevant owner * * *;

Owners can claim compensation for mental damage, but the amount should not be too high, and should be determined according to the actual situation.

Property responsibility: The property management company shall maintain the normal and good living environment of the owners in accordance with laws, regulations and rules, as well as the provisions or agreements in property management service contracts, property conventions and owners' manuals.

With the help of authority: the noise problems reflected by the owner that affect normal life and rest should be solved through consultation in time to avoid further loss of the owner and bear corresponding legal responsibilities. When the owner chooses the testing organization for noise problems, it must be approved by the government department and carried out by a professional testing organization.

Pay attention to the owner's requirements: the property management company serves the owner, and the service should be open on its own initiative, not just sweeping the floor, repairing equipment and charging fees in the traditional sense. It should also be positive, think for the owners when many owners' rights and interests are violated, and help the owners solve and promote them.

Consistency of interests: in fact, in this noise pollution matter, sometimes it is not the owners who ask the property company to pay for improvement, but may just hope that the property can meet the urgent needs of customers and gather individual owners into a group. Only the strength of the group can solve many difficult things. I hope that the property company can pay attention to the requirements of the owners!