Can the property company refuse to pay the elevator fee and property fee if the elevator in the community is not inspected annually? urgent

Article 33 of the Regulations on Elevator Safety Supervision stipulates that the elevators in use shall be subject to a regular inspection system for safety performance, and the periodic inspection period shall be 1 year. The user must apply to the inspection agency designated by the elevator installation site for periodic inspection before the expiration of the periodic inspection period 1 month, and the safety inspection mark can only be replaced after passing the annual inspection. Elevators exceeding the validity period of annual inspection shall not be used.

Elevator belongs to special equipment, and must implement the national compulsory annual inspection system. The elevators in residential areas are supervised by the property management companies in residential areas, and the property management companies have the legal obligation to inspect the elevators on time. Owners of residential quarters regularly pay property management fees to property management companies, which constitutes a service contract relationship. Property management companies should provide legal and safe elevator equipment for owners. If the property company fails to fulfill its legal obligations and fails to conduct annual inspection on time, it shall bear corresponding civil liability for the accident; If there is a major casualty accident, you should also bear criminal responsibility.

Refer to property management laws.

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The basis for the owners to pay the property service fee is the property service contract signed by the owners' committee and the property management enterprise selected by the owners' congress. Article 7 of the Regulations on Property Management promulgated by the State Council clearly stipulates that "paying property service fees on time" is a basic obligation of the owners. Only under the following circumstances, the owner can not pay or underpay the property service fee:

Property management companies provide their own services outside the property management service contract. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees. The owners may refuse to pay the fees for the property services that are subject to the government guidance price, if the fees exceed the guidance price.

If the property management enterprise fails to perform the obligations stipulated in the property service contract, 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 shall be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee.

Property fee is the key to the quality of residential management service. If the property fee is paid, the quality of property management service will be discounted, which is not conducive to the long-term construction and development of the community, and ultimately it is all the owners of the community who will harm the interests.

Many cases tell us that property management fees cannot be paid. The payment of property management fees is mainly based on the contractual agreement of both parties. Unless the contract is invalid, such as the subject matter of the contract is false or the content is illegal, the non-payment can bear the corresponding responsibility. On the other hand, the contract also stipulates that property management companies cannot provide qualified services. In other words, if the services of property management companies are not in place, the owners should be compensated according to the actual situation. Compensation can take many forms, and the specific way can be agreed by both parties.

According to the situation you described, if the service of the property management company is not in place, it will have a certain impact on you. You can collect evidence and ask the property management company to compensate you. At the same time, the owners' committee or owners' assembly may be required to supervise and rectify the property management company, or even change the property management company. ...

Refer to real estate news

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