After the property management contract expires, can the property management fee be charged if the owners' committee is not renewed?

1. Can I charge a property fee if the property contract is not renewed upon expiration?

Although the contract has not been renewed, the property management company still provides services as agreed in the previous contract and can still charge property fees.

If the owners' committee has been established, and the industry committee or the owners' assembly decides not to sign a contract with the property enterprise, the property shall not ask the owners to pay the fees on the grounds of "providing factual services". If a resolution of the industry committee is made after the expiration of the property contract, the property fee for the termination of the service of the property company shall be paid from the date of the expiration of the property contract to the date of the announcement of the resolution of the industry committee.

Second, the property fee related laws and regulations:

1. Civil Law (effective from 202 1 1 0)

Article 6 Civil subjects engaged in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties. After the expiration of the property service contract, if the property management company continues to manage the property without renewing the contract with the owners' committee, it shall be handled in accordance with the principle of fairness in Article 6 of the General Principles of the Civil Law.

The so-called fairness principle means that in the process of concluding and performing a contract, the interests of the parties to the contract should be adjusted with the concept of fairness, so that the interests of both parties to the contract can be balanced, so as to achieve a fair and reasonable goal. Although the residential property service contract has not been renewed, the property company still manages and provides services to the owners. If the owner does not pay the property service fee on the grounds that the contract has not been renewed, it means that the property company has provided the service but has not received the corresponding remuneration, and the final result is the imbalance of rights and obligations of both parties to the contract, which violates the principle of fairness stipulated in the contract law.

2. Property management regulations

According to the relevant provisions of the Property Management Regulations, after the owners' committee is established according to law, the property management contract signed by the owners' committee and the property management company is binding on all owners. If the owners' committee has not signed a written property service contract with the property company, but the owners have actually accepted the property service, the owners should pay the corresponding fees to the property company according to the actual service price as a reward for providing services. Therefore, the owner can't refuse to pay the property fee without signing a property contract or the property company doesn't provide qualification certificate.

Three. Refuse to pay property fees

Only under the following circumstances, the owner can not pay or underpay the property service fee:

(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 owner may refuse to pay for the part exceeding the government 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 should 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 there is a overlord clause in the property, the owner can refuse to pay. For example, whether the previous property entered into a contract through consultation with the owner or entered into a contract by itself.

(5) The property fails to perform the contract, such as not cleaning the sewer regularly according to the contract requirements.

To sum up, the property contract is a contract signed by the owner and the property company. Generally, this contract has a time limit and needs to be renewed as soon as the time limit arrives; If the contract is not renewed, as the owner, it is also necessary to pay the property fee on time, which also avoids various disputes caused by Israel.

Legal basis:

"Measures for the Administration of Property Service Charges" Article 7 If the property service charges are guided by the government, the price department of the people's government with pricing power shall, jointly with the real estate administrative department, formulate the corresponding benchmark price and its floating range according to factors such as the grade standard of property management services, and publish it regularly. The specific charging standard is agreed by the owner and the property management enterprise in the property service contract according to the specified benchmark price and floating range. The property service charges that are regulated by the market shall be agreed by the owners and the property management enterprises in the property service contract.