Is it legal to refuse to pay property fees because of housing quality problems?

According to the relevant laws and regulations on housing quality and property fees in China, it is unreasonable and illegal for owners to refuse to pay property fees because of housing quality problems. Because it is the legal obligation of the owner to pay the property fee on time and in quantity, he will not refuse to pay it for improper reasons. Housing quality problems should be solved with developers. The parties can claim compensation from the developer while paying the property fee normally.

Legal analysis

It is the legal obligation of the owner to pay the property management fee when moving in. Owners cannot fail to fulfill their legal obligations to pay property management fees on the grounds of housing quality problems. Owners should pay management fees as long as they enjoy property management services. Legally speaking, not paying management fees not only damages the legitimate rights and interests of property management companies, but also seriously damages the legitimate rights and interests of all owners. If the legitimate rights and interests of an owner are infringed, it is necessary to find out who is the "infringer". Housing quality problems are the responsibility of building developers, and property management companies can assist owners to ask developers to repair their houses or compensate for economic losses, and can also assist owners to directly file a lawsuit with the people's court for compensation. Owners must realize that legitimate rights and interests must be safeguarded by legal means, and illegal means are not allowed by law. According to relevant laws and regulations, 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. Some people don't choose the house carefully, and only when they really hand over the house do they find that there are quality problems in the existing house. As the housing quality is related to the immediate interests of the owners, the owners should negotiate with the developers in time after discovering the housing quality problems, and try their best to properly solve the housing quality problems through consultation. At that time, developers often had deep pockets and ignored the demands of owners. Therefore, the owner should ask a lawyer to help obtain evidence as soon as possible, prepare corresponding materials, and bring a lawsuit to the court to solve the housing quality problem when the dispute cannot be resolved through consultation or complaint.

legal ground

"Regulations on Property Management" Article 2 Property management as mentioned in these Regulations refers to the activities that the owners select property service enterprises, and the owners and the property service enterprises maintain, conserve and manage the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and related order in the property management area.