Under what circumstances can I refuse to pay the property fee? What conditions can't be refused?

At present, most houses will charge property management fees. Property buyers should pay property management fees in a timely manner while enjoying the services provided by property management companies. Although paying property fees is what every owner should do, many people will find reasons to refuse to pay property fees. Therefore, for the owners, it is necessary to find out under what circumstances they can refuse to pay the property fee. At present, most houses will charge property management fees. Property buyers should pay property management fees in a timely manner while enjoying the services provided by property management companies. Although paying property fees is what every owner should do, many people will find reasons to refuse to pay property fees. Therefore, for the owners, it is necessary to find out under what circumstances they can refuse to pay the property fee. Under what circumstances can't you refuse to pay the property fee?

Under what circumstances can I refuse to pay the property fee?

1. The developer postponed the delivery.

If the developer fails to produce the supporting documents or the supporting documents are incomplete, the purchaser has the right to refuse to hand over the house, and the developer shall bear the responsibility for delaying the delivery. Since the house has been delivered, the relevant property management fees should be paid regardless of whether the owner actually lives, because the property management company provides many property services (such as security and cleaning). ) whether the owner actually lives or not.

2. The house inspection is unqualified

When delivering the house, the developer shall provide the buyer with the house acceptance certificate; If the purchased commercial house is residential, the developer also needs to provide a residential quality guarantee and a residential instruction manual. If the documents are incomplete, the owner can reject the house without generating property fees.

3. The property raises the charging standard and expands the charging range without authorization.

In violation of the contract or the relevant provisions, the people's court shall support the expansion of the scope of fees, the increase of fees or the repeated charges without authorization. If the owner requests the property to refund the illegal fees it has collected, the people's court shall support it. Therefore, if the property management company charges in violation of regulations, the owner can raise a defense and refuse to pay.

4. Collect property fees in violation of regulations.

At present, it is not uncommon for property companies to collect property fees in violation of regulations, and most owners submit to humiliation. In fact, in this case, the owner can completely refuse to pay too much property fees.

The house is for rent, and the contract indicates that the property fee is paid by the tenant.

If the house has been rented, the property fee shall be borne by the owner unless otherwise agreed by both parties. If there is a clear agreement in the lease contract that the property fee shall be paid by the lessee during the lease period, and the contract is confirmed in writing by the property management company, the property fee shall be paid by the lessee and the owner shall bear joint liability.

Under what circumstances can't you refuse to pay the property fee?

1. Owners who have not moved in.

Property management companies do not serve one or several owners, but provide services for the whole community. Therefore, as long as the house has been delivered, no matter whether the owner moves in or not, the property management fee must be paid, because the property management company has begun to provide services such as cleaning the community sanitation, maintaining the greening of the community, and maintaining public facilities and equipment. If one or several owners do not pay the property management fee, the property management company will be short of funds, which will affect the management of the community and lead to the loss of the interests of all owners.

2. The house quality is not up to standard.

Problems in housing quality, such as water leakage, wall falling off, broken glass, etc., are disputes over housing sales contracts between owners and developers; The collection and payment of property management fees belong to the property service contract dispute between the owner and the property service enterprise, and do not belong to the same legal relationship. And usually, developers and property management companies are two independent corporate enterprises and should not bear civil liability for each other.

3. No property contract was signed.

According to the Property Law and the Property Management Regulations, the decisions of the owners' committee are binding on the owners. Therefore, as long as the owners' committee agrees to the terms in the agreement with the property management, and the owners have actually accepted the property services provided by the property management company, they should pay the fees to the property management company according to the actual services.