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Is it legal to stop the elevator without paying the property fee?
The property company shut down the elevator on the grounds of not paying the property fee, restricting the owners from taking the elevator, and even the owners who have paid the fee cannot use the elevator, which seriously infringes on the legitimate rights and interests of the owners. Property fee refers to the fees charged by property owners and users who entrust property management units to carry out daily maintenance, repair, renovation and other services for houses, buildings and equipment, public facilities, greening, sanitation, transportation, public security, environment and other facilities related to residents' lives in residential areas. The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.
Under what circumstances can I not pay the property fee?
1. The house has been rented out.
If the house is rented, the property fee is generally borne by the tenant, but it should be clearly stated in the lease contract that if the tenant fails to pay the property fee on time, then the owner needs to bear the property fee himself.
2. No property service contract has been signed.
If the property company and the owner have not signed a property service contract, then the owner has the right to refuse to pay the property fee. However, if the property company has signed a contract with the owners' committee, but not with the owners themselves, then the owners still need to pay the property fee.
3. Increase the property fee without authorization.
If the property company expands the charging scope and raises the charging standard without authorization, the owner may raise an objection and refuse to pay the property fee.
4. There is something wrong with the property qualification.
Most owners will look at the property qualification when buying a house, and the property fee charged by the property company must be audited by the local price bureau. Only after examination and approval can the property management company be qualified to charge the property management fee, otherwise the owner has the right to refuse to pay the property management fee and can complain to the price bureau.
5. The house has quality problems.
If the house has serious quality problems and cannot meet the delivery standards, then the owner may refuse to pay the property fee during this period, and the property fee shall be borne by the developer, and the owner does not need to pay the property fee.
6. Additional services provided by the hotel
If the service provided by the property management company is not agreed in the contract or agreed by the owner, the owner has the right to refuse to pay the property management fee, even if the property management company sues the owner, the court will not support it.
To sum up, whether it is legal to stop the elevator without paying the property fee is Bian Xiao's relevant answer. I hope I can help you.
Legal basis:
property management regulations
Seventh owners in the property management activities, fulfill the following obligations:
(a) abide by the management regulations and the rules of procedure of the owners' congress;
(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;
(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;
(four) in accordance with the relevant provisions of the state to pay special maintenance funds;
(five) to pay the property service fee on time;
(six) other obligations stipulated by laws and regulations.
Twenty-seventh owners shall not dispose of the ownership or use right of the * * * parts and * * * facilities and equipment of the property according to law. The heating fee needs to be paid from 1 1 month 15 every year to March 15 the following year, which answers the question of when to pay the heating fee. It should be noted that not all regions need to pay heating fees. As far as the actual situation is concerned, only those areas with low temperature in winter need to pay a certain heating fee, and the southern region does not need to pay it.
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