How to solve the property dispute that the owner refuses to pay the property fee?

Property disputes arising from owners' refusal to pay property fees are mainly resolved through negotiation, arbitration or prosecution. Under normal circumstances, owners are obliged to pay property fees. Even if the owner doesn't live in a residential area or thinks that he doesn't need to accept relevant property services, the property company has fulfilled its due obligations and the owner should pay the property fee.

First, how to solve the property dispute that the owner refuses to pay the property fee?

Property disputes in which owners refuse to pay property fees can be handled through negotiation, arbitration or prosecution.

People's Republic of China (PRC) Civil Code

Article 944

Obligation of the owner to pay the property fee; 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.

Second, what are the reasons for frequent property management disputes?

1. The property service contract is not clear.

At present, most of the property service contracts are standard contracts, which stipulate the service content, service quality, charging standards and charging methods in general, and the owners' general contract concept is not strong. When signing a contract with a property management company, the contents of the contract are not carefully examined, and both parties are prone to disputes over their respective rights and obligations.

2. The owner's awareness of rights protection was awakened.

In the past, disputes between property companies and owners were mostly caused by property companies asking owners for property management fees. With the enhancement of owners' awareness of rights protection, they not only pay attention to their own rights protection, but also begin to pay attention to public environmental issues such as community greening and security. The number of cases in which owners sue property companies for failing to perform their duties has increased significantly.

3. The service consciousness of the property company is weak.

Some property companies mistakenly position themselves as managers rather than service providers, and usually lack communication and exchanges with owners, which leads to the owners being wary of property companies and it is difficult for both parties to trust each other. Once friction occurs, it is difficult to resolve the dispute through consultation.

Third, how to effectively avoid property disputes?

1. Improve relevant legislation to make it more applicable and operable. Litigation settlement is often an after-the-fact relief, which can only cure the symptoms. It is suggested that relevant departments actively intervene and formulate corresponding implementation rules as soon as possible. In the judicial process, it is necessary to study the problems that need to be solved urgently in the implementation and improve the corresponding laws and policies, so as to facilitate judicial unity and finally nip in the bud.

2. Strengthen the publicity of property management knowledge. The origin of property disputes, on the surface, seems to be a problem of fees and services, but in fact, the root cause lies in people's misplacement of the concept of property services. Strengthen the publicity of laws and regulations, let the owners know their due rights and obligations, and establish the awareness of property consumption of "spending money to buy services".

3. Strengthen the supervision and management of property management companies and strictly control the entry threshold of property management companies. Establish a supervision and management restraint mechanism for property management companies, and order property management companies with poor service ability and many complaints from owners to suspend business for rectification. Through various forms and channels, urge property management enterprises to strengthen their own construction and improve service quality. Establish a service charge system of "pricing according to quality, matching quality with price, and agreeing on contract" to speed up the construction of property management credit system.

4. Actively promote the establishment and orderly operation of the community owners' committee. Government functional departments, developers and property management enterprises actively cooperate and coordinate to promote the formation of owners' committees in a timely manner, so as to provide convenience and guarantee for their orderly operation and functional role. Educate owners to safeguard their rights and interests through owners' committees, rather than simply refusing to pay property fees. Establish a self-resolution mechanism for disputes between owners and property management companies within the owners' committee, resolve disputes in a harmonious way, and gradually establish a good atmosphere of mutual trust.

5, the establishment of property management disputes quickly processing channel.

In short, property management companies must properly handle property disputes within the scope of the law. According to the latest regulations, if the owner refuses to pay the property fee without justifiable reasons, but the property management company urges the owner to pay the property fee by cutting off water and electricity or stopping heating, then the behavior of the property management company is also illegal.