Is it legal to control elevator cards without paying property fees?

It is illegal to control the elevator card without paying the property fee. Property fee and elevator card are two separate things. Owners are obliged to pay property fees on time, and property companies are obliged to provide normal property services, including the use of elevators.

I. Obligations and responsibilities of property fees

Property fee is the fee paid by the owner to enjoy the property service, covering the costs of public facilities maintenance, environmental sanitation and cleaning, greening maintenance, safety management and so on. Paying the property fee on time by the owner is not only to fulfill the contractual obligation to the property service enterprise, but also a necessary condition to maintain the normal operation of the community or building.

Second, the use and management of the elevator card

Elevator card is a technical means for property service enterprises to manage the use of elevators, which can control the use authority of elevators and ensure the safety and convenience of owners and residents. However, the use and management of elevator cards should follow the principles of legality, fairness and transparency, and cannot be used as a means for property companies to force owners to pay property fees.

Third, the relationship between not paying property fees and controlling elevator cards.

Non-payment of property fees is the owner's breach of contractual obligations, and the property management company can demand payment through legal channels or take other legal means to safeguard its own rights and interests. However, the property company has no right to use the elevator card as a punishment or revenge for the owner's failure to pay the property fee. This behavior not only violates the legitimate rights and interests of the owners, but also violates the basic principles of property services.

Four, the legal way to solve property disputes

When a property fee dispute occurs between the owner and the property management company, it shall be settled through negotiation, mediation or litigation. Owners can raise objections or complaints to the realty service enterprise, requiring the realty service enterprise to explain the cost details or improve the service quality; At the same time, property service enterprises should also actively respond to the demands of owners and negotiate with owners to resolve disputes.

To sum up:

It is illegal to control the elevator card without paying the property fee, and the property company cannot use this as a means to force the owner to pay the property fee. Owners and property management companies should solve property fee disputes through legal channels and safeguard the legitimate rights and interests of both parties.

Legal basis:

People's Republic of China (PRC) property right law

Article 72 provides that:

The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; Never give up your rights or fulfill your obligations.

property management regulations

Article 45 provides that:

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Contract law of the people's Republic of China

Article 1 14 stipulates:

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.