The property service contract is invalid. Does the owner still have to pay the property fee?

Owners whose property contracts are invalid do not need to pay property fees. In other words, the property contract is invalid. If the owner pays the property fee, the property service personnel shall return the obtained property fee. If it can't be returned, it will be compensated at a discount. The party at fault due to the invalidity of the property contract shall compensate the other party for its losses.

It should be known that in the following circumstances, the owner can not pay or pay less property service fees:

(a) property management companies in the property management service contract, to provide their own services, without the approval of the owners' committee or the owners' general assembly, the owners or users can not pay fees.

(two) the implementation of government guidance price of property services charges, the owners can refuse to pay more than the guidance price.

(three) the property management enterprise fails to fulfill the obligations stipulated in the property service contract, and the owner may not pay or pay less the corresponding property service fee. Property management companies raise property service charges without authorization, and some owners who raise them without authorization may not pay them. If the property service contract stipulates that the service fee should be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee.

(4) If there is a overlord clause in the property, the owner can refuse to pay. For example, whether the previous property entered into a contract through consultation with the owner or entered into a contract by itself.

(five) the property fails to perform the contract, such as not cleaning the sewer regularly according to the requirements of the whole contract.

Invalid situation of property service contract

1. The real estate development enterprise fails to select a property management enterprise in accordance with the provisions of the second paragraph of Article 24 of the Property Management Regulations.

2. Real estate development enterprises still sign property service contracts with property management enterprises in their own names after establishing owners' committees in residential areas according to law.

3. The agreement on property services in the pre-sale contract of commercial housing excludes the owners from choosing property management companies in the future and agreeing on property service fees.

4. Property management companies have not obtained corresponding property management qualifications according to law.

5. Before the prosecution or during the first trial, without the consent of the owners' congress or within the scope decided by the owners' congress, the property service contract signed by the owners' committee has not been ratified by the owners' congress or more than 50% of the owners.

6. The property management enterprise entrusts, transfers or dismembers the overall management service to a third party without authorization, and contracts it to a third party in the name of subcontracting.

7. Other violations of mandatory provisions of laws and administrative regulations.

legal ground

civil law

Article 157 After a civil juristic act is invalid, revoked or deemed invalid, the property acquired by the actor as a result of the act shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses thus suffered; If all parties are at fault, they shall bear their respective responsibilities. Where there are other provisions in the law, those provisions shall prevail.