Shimao Nuoshawan Property Telephone

It is a common sense that many owners are not satisfied with the property service and have to pay the property fee. However, why not refuse to pay the property fee? How to punish and urge property to improve service? Service discount. Can the property fee be discounted? Many owners are actually not very clear about these issues. Today, we will take a look through a case.

Mr. Li, who is in his early thirties, is a shopkeeper in Shimao Nuoshawan Community. 2065438+In July 2007, the Property Service Manual was signed with Shimao Property, which stipulated that Shimao Property would provide property management services for all Mr. Li's shops, and the charging standard was 4.5 yuan per square meter per month.

After paying the property fee for a quarter, Mr. Li refused to continue to pay the property fee because he was dissatisfied with the service of the property.

Mr. Li believes that Shimao's property charging standard is too high, and its services, equipment and facilities do not meet the basic requirements of the owners, which is inconsistent with the charging standard. There are many problems such as overgrown weeds, broken floor tiles, uneven roads, water leakage and resurgence of houses, and sewage backflow. Mr. Li said that the owners are obliged to pay the property fees, and Shimao Property should also do its job duties, and not paying the property fees is to fulfill the right of defense.

In addition to not paying the property fee, Mr. Li also reflected the problems to Lingshanwei Sub-district Office in Huangdao District, and signed the Feedback Letter on Major Quality Problems with the owners of Shimao Nuoshawan Phase IV and Phase V shops. In addition, Mr. Li also retained the evidence of water leakage, water seepage and anti-water problems in the house through videos and photos.

Shimao Property failed to collect the property fee, so Mr. Li was brought to court with a complaint, requesting the court to order Mr. Li to pay the property fee for three years 13076.7 yuan, and the overdue property fee was 23,538,438+0 yuan.

The reason for Shimao Property is simple and direct: the agreement of the property service contract is here, and it is impossible not to pay the property fee. The problems of water leakage, water seepage and anti-water should be borne by the management department or the developer, and have nothing to do with the property. As for the videos and photos taken by the owners, Shimao Property believes that they are all fragments and cannot completely and objectively reflect all the contents of the property's performance of property services.

The court made it clear that the property service contract is the expression of the true meaning of both parties, and it does not violate the mandatory provisions of laws and regulations, and is legal and valid and binding on both parties. The property company requires that the property fee charged according to the contract standard is in line with the contract and supported. At the same time, according to the evidence submitted by Mr. Li, it can be proved that there are some defects in the property services provided by Shimao Property, and there is a dispute between the two parties, which leads to the owner's default on property fees, which is not malicious default, so the liquidated damages claimed by Shimao Property are not supported.

This is actually the standard judgment of similar cases: there is an agreement between the property and the owner that the owner should accept the services provided by the property and pay the property service fee on time according to the agreement, but if the owner has evidence to prove that the property service is defective, there is no need to pay the late fee for the property fee.

There have been two views in the legal field on whether the owner can refuse to pay the property management fee because of the service defect of the property management company:

One view is that the services provided by property management companies are flawed, indicating that the services provided do not meet the contract standards. In other words, the property company has not fully fulfilled its obligations, and the owners can also refuse to fulfill their obligations and refuse to pay property fees.

Another view is that property companies still provide management services even if the services are not in place. According to the principles of honesty, credit, compensation for equal value, fairness and justice, the owner should pay the property fee to the property company.

The current judicial practice mainly supports the latter view for the following reasons:

The mainstream view in the industry believes that the characteristics of property services are similar to those of public services, with a wide range of services, including public greening and maintenance, public facilities maintenance, cleaning and security. Moreover, the number of community owners is large and the service demand is differentiated, so it is impossible to fully meet them. If some owners are allowed to refuse to pay property fees on the grounds that there is a flaw in a certain aspect of the community, it may lead to a wrong direction and a bad cycle.

Therefore, when undertaking such cases, judges usually consider the whole, with the aim of helping property companies to better serve all owners. If there is no conclusive evidence to prove that the property company has a major breach of contract or caused infringement and caused losses to the owner, the owner refuses to pay the property fee on the grounds that the property service is defective, and the court will basically not support it.

Then, if you are not satisfied with the property service, how should you punish and urge the property to improve the service?

The correct attitude is to negotiate with the property management company through the industry Committee. If it still doesn't work, we will hire other property management companies according to the contract.

It's a bit difficult, isn't it? The right thing is always difficult, but we should stick to the right path.

After all, every time the heart is hit, it is a stronger beginning.