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Can the property management company refuse to serve if the owner does not pay the property management fee?
Judging from the current laws and regulations, disputes between owners and property management companies about the payment of property management fees can be resolved in various ways.
First look at Article 65 of the Property Management Regulations:
In violation of the property service contract, the owners fail to pay the property service fee within the time limit, and the owners' committee shall urge them to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.
Look at Article 40 of the Property Management Regulations again:
Property service charges should follow the principles of rationality, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall, according to the charging standards for realty service formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the realty service contract.
According to the above two laws, property management enterprises manage and maintain the public areas within the property management area, and the owners' failure to pay management fees actually infringes on the rights and interests of other owners. Therefore, even if the property management company is at fault, the owner should not refuse to pay the management fee on this ground.
Of course, as a property management company, the low service quality does not conform to the charging standard, and it also violates the principle of matching service with level.
To sum up, as the owner, the service of the property management company is poor. We can supervise through the owners' committee or safeguard our rights and interests through legal proceedings. Referring to most court cases, the faulty property management company will generally decide to refund part of the property management fees, and the owners should actively collect evidence to safeguard their rights and interests. Instead of refusing to pay the property management fee, it is illegal for other owners or property companies.
To solve the contradiction between the property company and the owners, we should make good use of the rights of the owners' committee and collect the evidence of the property company's fault. For stubborn property companies, we suggest that the owners' committee join hands with property companies to safeguard rights.
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