Job Recruitment Website - Property management - Is it legal for the property to leave the community privately?
Is it legal for the property to leave the community privately?
First, the property will not immediately bring a lawsuit against the owner because the owner defaults on the property fee. Generally speaking, litigation will be considered after the following steps:
1. If the owner defaults on the property fee, the property will generally be urged in time after it is discovered;
2. If the owner fails to pay again within a reasonable time, the property may notify the owners' committee to assist in collection;
3. If the owner still fails to pay within a reasonable time, the property will consider charging the property fee and claim compensation through litigation.
Second, what is the standard of default payment for unpaid property fees?
1. There is no mandatory standard of liquidated damages for property fees in law, which shall be decided by both parties through consultation.
2. If a contract with liquidated damages and its calculation method is concluded, the liquidated damages can be handled according to the agreement.
3. If you think that the liquidated damages are too low, you can ask for an increase as appropriate; If you think it is too high, you can ask for a reduction as appropriate.
4. If there is no liquidated damages for overdue payment of the property in the contract, the property management company can only ask the owner to bear the interest loss of overdue payment, and the standard is the amount calculated according to the bank loan interest rate for the same period.
3. What are the legitimate reasons for refusing to pay the property fee?
1. If the property management enterprise fails to fulfill the obligations stipulated in the property service contract, the owner may not pay or underpay the corresponding property service fee.
2. The property management company raises the charging standard of property services and raises some fees that the owners can't pay.
3. If the property service contract stipulates that the service fee shall 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 the property has overlord clause, 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 requirements of Quantong.
Legal basis:
property management regulations
Article 3 The State encourages owners to choose property service enterprises through an open, fair and just market competition mechanism. Article 4 The State encourages the adoption of new technologies and methods, and relies on scientific and technological progress to improve the level of property management and service.
Fifth the State Council construction administrative departments responsible for the supervision and management of the national property management activities. The real estate administrative departments of local people's governments at or above the county level shall be responsible for the supervision and management of property management activities within their respective administrative areas.
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