How to inquire about the property fee being sued?

If you are sued for property fees, you should collect evidence, find out the relevant regulations and defend yourself in court. The main points are as follows:

1. According to Articles 21 and 34 of the Property Management Regulations and Article 939 of the Civil Code, "The preliminary property service contract concluded by the construction unit and the property service provider according to law, and the property service contract concluded by the owners' committee and the property service provider selected by the owners' assembly according to law is legally binding on the owners", the plaintiff is required to mention the relevant property service contract, and the contents of relevant property inspection and related service charges are emphatically analyzed. Property inspection is the main content and key link of property service, and the objective and fair inspection results are the basis for verifying the service cost.

2. The property service provider shall, in accordance with the provisions of Article 29 of the Measures for Undertaking Property Inspection, go through the filing formalities with the administrative department, and "inform the owners in writing of the filing situation of undertaking property inspection" in accordance with the provisions of Article 30; Property service providers shall disclose seven types of filing documents, such as property service contracts, management protocols, property acceptance agreements and handover records, to prove whether they accept the property according to the regulations, and pass the guidance and supervision of the administrative departments. If the property service provider fails to go through the filing formalities according to the regulations, fails to inform the owner in writing or fails to disclose the filing documents, it proves that it fails to provide services according to the regulations.

3. Article 937 of the Civil Law stipulates that "a property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of buildings and their ancillary facilities, environmental sanitation and the management and maintenance of related order within the property service area, and the owner pays the property fee". According to the aforementioned Measures for Undertaking Property Inspection, the property service provider shall, under the guidance and supervision of the competent government department, determine the buildings and their ancillary facilities that the owners enjoy according to law, and the seven types of filing documents are the objective basis for their verification of service costs and service fees according to law. If there is no objective basis to verify the service cost, it will violate the provisions of Article 10 of the Price Law "No Fraud".

4. The realty service enterprise shall fulfill the obligations stipulated in Article 18 of the Regulations on Price Management, truthfully report the relevant pricing data of the charging items, and implement the service charging standard filing system stipulated by the price department. Article 6 The contents listed must be disclosed in accordance with the provisions of clearly marked property service charges. The realty service enterprise shall perform the above obligations, and the service fees and charging standards agreed in the realty service contract are legally binding on all owners. If the above obligations are not fulfilled, it also proves that the property service provider fails to provide services as required.

5. Abide by Article 944 of the General Principles of Civil Law: "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; This clause indicates that the property service provider fails to provide services as required or has justified reasons. For example, according to Article 526 of the Civil Code, "the parties owe debts to each other, and there is an order of performance. The party that fails to perform the debts has the right to refuse to perform the request first". However, if the property service provider fails to fulfill his obligations and charges a service fee, the owner has the right to refuse to pay, which is also a law-abiding and courageous act.

6. The provisions of Articles 937 to 943 of the Civil Code mainly summarize the obligations of property services, and also belong to the management and maintenance of relevant order. In addition, you can refer to Article 22 of the Beijing Property Management Regulations, "The property fee from the month after the delivery of the house for sale to the month after the termination of the previous property service contract shall be borne by the owner according to the agreement of the house sales contract; If the house sales contract is not agreed, it shall be borne by the construction unit; This provision summarizes the relevant provisions of several administrative regulations.

Put forward suggestions according to laws and regulations, and hope that friends will adopt them. Good luck.