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About property fees
Refusing to pay property fees is basically the case.
As a community owner, you should pay the property fee normally. Because the property management company provides property services, you should pay the property fee. However, if the property is obviously inactive or has obvious mistakes, it can refuse to pay the property fee. Details are as follows.
Can refuse to pay property fees are:
1. If it does not belong to the scope of payment by the owner, it may refuse to pay;
2. Poor service quality can temporarily refuse to pay;
3. The owner has the right to refuse to provide services without the owner's consent or consent.
Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases (hereinafter referred to as the Interpretation) states that if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable time limit, the people's court shall support it. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.
In these eight cases, you can refuse to pay the property management fee.
1, the collection of property fees should be calculated from the date when the owner receives the notice of repossession, and should not be calculated from the delivery date specified in the purchase contract. If the developer fails to notify the owner to repossess the building, so the repossession is delayed, the owner may refuse to pay the property fee during this period;
2, the property company has not signed a contract with the owner, the owner can refuse to pay;
3. If the energy cost generated by power equipment such as heating and central air conditioning required by the property management company is not within the scope of payment by the owner, it may refuse to pay;
4. Poor property service quality can be temporarily rejected, but there must be strong evidence and a substantive solution;
5. When the property provides services not agreed in the contract or without the consent of the owner, the owner has the right to refuse delivery;
6. If the property company raises the charging standard of property services without authorization, the owner may refuse to pay the part that is raised without authorization.
7. If the house is not delivered due to the quality problem of the house, the property fee shall be paid by the developer;
8. If the property company does not have the original approval document of the price management department, the owner may refuse to submit it;
The new "Property Management Regulations" clearly points out that:
If the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.
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