Job Recruitment Website - Property management - Do I have to pay a property fee if I don't sign a property contract?
Do I have to pay a property fee if I don't sign a property contract?
A, the owners do not pay property service fees are:
1. Except as stipulated in the property management service contract, the property management enterprise provides services by itself. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees;
2, the property service charges to implement government guidance, the owner can refuse to pay more than the guidance price;
3 property management companies do not fulfill the obligations stipulated in the property service contract, the owners can not pay or pay less the corresponding property service fees;
4. If the property has the overlord clause, the owner can refuse to pay;
5. If the property fails to perform the contract, for example, the sewer is not cleaned regularly according to the requirements of the whole contract.
2. Do I have to pay the property fee if I don't sign the property contract? What qualifications does property management have?
If you don't sign a property contract, you have to pay the property fee. Only under the following circumstances, the owner can not pay or underpay the property service fee:
1. Property management enterprises provide services by themselves, except as stipulated in the property management service contract. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees;
2, the implementation of government guidance price of property services charges, the owners can refuse to pay more than the guidance price;
3. 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;
4. If the property has overlord clause, the owner can refuse to pay. For example, whether the previous property has negotiated with the owner to conclude a contract, or whether a contract has been signed separately;
5. The property fails to perform the contract, such as not cleaning the sewer regularly according to the contract requirements.
To sum up, the owners' committee has not signed a written property service contract with the property company, but if the owner actually accepts the property service, the owner shall pay the corresponding fee to the property company according to the actual service price as compensation for providing the service. Therefore, if no property contract is signed or the property company does not provide qualification certificate, the owner will also pay the property fee.
Legal basis:
Article 41 of the Regulations on Property Management
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.
Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.
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