How to refuse to pay property fees in old communities

Many owners don't want to pay property fees, because it costs a lot of money to pay property fees for a long time. But the property fee can't be paid by the owner if he wants to. For the owners who don't pay the property fee for no reason, they not only violate the property contract, but may even be involved in judicial trouble.

Many owners don't want to pay property fees, because it costs a lot of money to pay property fees for a long time. But the property fee can't be paid by the owner if he wants to. For the owners who don't pay the property fee for no reason, it will not only violate the provisions of the property contract, but may even be involved in judicial trouble. But for some special circumstances, the owner can not pay the property fee, so under what circumstances can he refuse to pay the property fee?

Under what circumstances can I refuse to pay the property fee?

1. No contract signed.

In the process of buying a house, buyers not only need to sign a house sale contract, but also need to sign a property service contract. If the owner and the property management company have not signed a property service contract, then they can not pay the property fee.

2. Illegal collection of property fees

Illegal charging is a common phenomenon in all kinds of trading markets in China. It is not uncommon for property companies to collect property fees in violation of regulations, but most owners submit to humiliation. In fact, if the property company collects property fees in violation of regulations, the owner can completely refuse to pay the property fees that exceed the standard. Generally speaking, owners and property management companies have signed property service contracts. If the property management company increases the service items by itself without the consent of the industry committee or the owner, then the owner can refuse to pay the service fee.

3. Adding services without consent.

Owners and property management companies are bound by relevant contracts. If the property management company increases the service content without the owner's consent and asks for more fees, then the owner can also refuse to pay the property management fee in this case.

4. Delayed delivery of the house

When the developer delivers the house to the buyer, if the supporting documents are not presented or incomplete, the buyer has the right to refuse to hand over the house, the developer shall bear the responsibility of delaying the delivery, and the owner may refuse to pay the property fee. Since the house has been delivered, the relevant property management fees should be paid regardless of whether the owner actually lives, because the property management company provides many property services (such as security and cleaning). ) whether the owner actually lives or not.

5. Without the approval of relevant departments.

For the amount of property fees stipulated by the property management company, the property management company must obtain the original approval documents of the price management department. If the property management company is not approved, the owner will not have to pay the property fee, so the owner can ask the property management company to show these documents when paying the property fee to check whether the property fee should be paid.

How to solve the problem of property companies not doing their duty?

In the case that the management of the property company is not in place and the property has no responsibility, the owners of the community can take photos and record them. The evidence was obtained by shooting, with clear time records and original shooting vouchers, which is convenient for the court to verify the authenticity. If it is the problem of illegal building and basement rental in the community, first report it to the relevant management departments such as neighborhood committees, streets and urban management, and keep the acceptance records of relevant competent departments. Relevant handling of property management companies, such as announcements and notices. Recording and taking photos can facilitate the court's handling and be easily adopted by the court.

The above is about under what circumstances you can refuse to pay property fees, and how to solve the problem of property companies not doing their duty. Many owners have some doubts about property management companies, and feel that they have actually done little in real life and charged very expensive fees. In this case, I suggest that the owners read the property management regulations clearly, and if the property management company really violates the rules, keep relevant evidence and put forward suggestions for replacing the property management company.

Legal basis:

Article 944 of the Civil Code of People's Republic of China (PRC), the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.