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Small coup: the property company's service is poor, what should the owners do?
Guangsha hotline reply: If you are not satisfied with the property, can you not pay the property fee? The reporter consulted relevant legal persons in this regard.
According to the provisions of the Property Law, the owners shall enjoy rights and undertake obligations for the parts other than the exclusive parts of the building; Never give up your rights or fulfill your obligations. Therefore, the situation reflected by Ms. Wu cannot be abandoned without paying the property fee. Problems existing in the management of property companies can be solved through the owners' meeting or the owners' committee.
Since the owners' committee has the right to terminate the property service contract, not individual owners, if the poor service or inaction of the property management company leads to disputes between the owners and the property management company, the owners should promptly reflect their demands to the owners' committee. If the owners' committee is not established, they should actively communicate with local authorities and even sue the property management company.
The legal person also reminded the owner that the reason that "I will not pay the property management fee if I am not satisfied with the property management service" is untenable in court. According to the "Property Management Regulations" and other laws and regulations, it is the legal obligation of the owner to pay the property fee from the date of signing the property service contract. The general "poor quality of property service" cannot be the reason to overturn the contract and refuse to pay the property management fee.
According to the relevant laws and regulations, if it is not within the scope of payment by the owner, it may refuse to pay; Poor service quality, can temporarily refuse to pay; The property management company provides services without the consent of the owner, and the owner also has the right to refuse delivery. However, these situations require the owners to keep and provide conclusive evidence, otherwise the court will not support the unreasonable refusal to pay the property fee.
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