Is there a management fee for being expelled from the property?

● Yuan Yongjing in Mid-Levels successfully fired the old property management, but an owner was sued by the old property management for failing to pay the property management fee.

● Court decision: After the property management is notified to be expelled, even if there are still property management facts, the property management fee may not be paid.

In recent years, disputes caused by the handover of old and new property management in residential areas have occurred from time to time, and in this process, whether to pay property management fees is the most concerned, because it is directly related to the economic interests of both parties. A few days ago, Yuan Yongjing in the Mid-Levels, which was widely concerned because of the successful fire fighting of the old property management, once again provided a reference case-an owner was sued by the old property management for failing to pay the property management fee. The court verdict shows that after the property management is notified of dismissal, even if there are still property management facts, the property management fee cannot be paid. According to insiders, this provides a solution for property management disputes. When the property company refuses to quit, the owner has the right not to pay the property fee, and the court will not support the property company to ask for the property fee. Property companies have no economic benefits and will naturally quit.

Wentu: Guangzhou Daily reporter? Liu Liqin? Comics: @ vision china

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The old property management recovered more than RMB 1 1000 from the owner.

In the current property management disputes, the most common is that the owners are dissatisfied with property management and do not pay management fees. A few days ago, the case of Ms. Tang (a pseudonym), the owner of Mid-Levels, was brought to court by the Guangzhou Intermediate People's Court. Unlike the first-instance requirement that Ms. Tang pay all the overdue property management fees, the calculation time of the second-instance property management fees is greatly shortened. A clear message is that after the property management is notified to be expelled, even if there are property management facts, the property management fee can not be paid.

It is reported that due to a property dispute in a residential area, Ms. Tang began to default on the management fee from July 20 12, and was sued by the property until July 201kloc-0/000 to recover the property management fee, water battery and other expenses. Ms. Tang believes that the community industry Committee signed a contract with the new property management company in September 20 13, and the old property management company did not leave after receiving the notice. After that, as the owner, it should not pay the property management fee. The property management believes that during the dispute, the resolutions 1 and 2 issued by the industry committee to all owners were revoked by the court and are still under management, so it is reasonable to collect property management fees.

The court held that in September 20 13, the community industry committee issued a notice of handover of property management services to XX Property, informing it that it had selected new property management services and handed them over in June 20 13, but XX refused to quit. Although the resolutions 1 2 made by the industry committee in 20 13 10 and May were revoked, the legal relationship between the community owners and the industry committee is not the same as that between the industry committee and XX, and XX has no right to request to continue to perform the expired contract on the grounds that the resolutions of the owners' meeting were revoked. Therefore, Ms. Tang only needs to pay the property fees and corresponding late fees from April 20 13 to June 20 13 (the limitation of action expired before April 20 13).

laws and regulations

20 13, 1 The Measures for the Administration of Guangzhou Property Service Enterprises Withdrawing from Property Projects, which came into effect, clearly stipulates that if the old property management company cannot withdraw from the community in time, the owner, the owners' meeting and the newly hired property management company can ask it to withdraw through the district and county real estate administrative departments or judicial channels. If the realty service enterprise refuses to withdraw or hand over and asks the owner to pay the realty service fee after the termination of the rights and obligations of the realty service contract on the grounds that there is a de facto realty service relationship, the owner has the right to refuse.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases, "After the termination of the rights and obligations of the property service contract, if the property service enterprise refuses to quit and requests the owner to pay the property fee after the termination of the rights and obligations of the property service contract, the people's court will not support it."

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Can poor property management refuse to pay management fees?

Owners often refuse to pay management fees because of unsatisfactory property management. In this regard, Lu, a lawyer of Guangdong Law Firm, pointed out that according to the provisions of the Property Law, the Contract Law and the Judicial Interpretation of the Supreme People's Court on the Trial of Property Service Disputes, only when the property service company fails to perform its main contractual obligations, that is, the property service company has a fundamental breach of contract, can the owner refuse to pay the property fee to get the support of the court. As for other disputes, they should be submitted to the owners' committee and the relevant administrative departments of property management enterprises at the owners' meeting, and handled in accordance with relevant laws and regulations, which cannot be the basis and reason for refusing to pay property fees. If the property company unilaterally refuses to pay the property fee for the following reasons, then once the property company files a lawsuit against the owner on the property fee issue, the law will not support the owner, such as: failing to pay the property fee because of not moving in; Failing to pay the property fee because the property management contract has not been signed; Not satisfied with the quality of property services and not paying property fees; Dissatisfied with the property company's use of public area, not paying property fees, etc.

As early as 20 13, 10.

The old property manager was fired.

Yuan Yongjing, located on the west side of Hui Jing New Town, Guang Yuan East Road, Tianhe District, is a small and medium-sized community with more than 700 households.

In 2008, the community established an industry Committee.

On March 30, 20 12, the two-year management contract signed by the industry Committee and XX scene expired. Xjing Property, as the pre-management company selected by the developer, has been managing the community.

On June 20 13, 1 year, due to the unsatisfactory management of the property management company, the industry committee issued an announcement of the owners' meeting (referred to as 1 resolution), indicating that a written meeting of all owners was organized in April 20 12, and according to the voting results, the property management contract with XX was no longer signed.

On March 20 13, the developer filed a lawsuit, arguing that as the holder of public facilities in the community, he was also the owner, questioning the voting result. In September of the same year, the industry committee signed a two-year contract with Shenzhen Fusheng Property Management Company, which won the bid through public bidding, and officially notified XX to leave in June+10, 5438. 10 18 10, the court made a judgment: the resolution 1 was revoked.

20 14, 14 In June, the developer filed a lawsuit again, demanding to cancel the No.2 resolution of "authorizing the industry committee to bid". In February 65438, the resolution was revoked by Tianhe District Court.

On February 25, 20 14 to February 20 15 10, the owners' meeting was reconvened in Yuan Yongjing, Mid-Levels. This is the first time in Guangzhou that the Housing Authority, neighborhood committees and streets participated in the voting of property rights exchange. On February 24th, the voting results were announced and the resolution of the management of the Exchange came into effect. By April 20 10 15, the handover of new and old property management was successfully completed.

(The above answers were published on 20 16-06- 17. Please refer to the actual situation for the current purchase policy. )

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