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Is there a legal basis for the owner to refuse to pay the property fee on the grounds that the service is not in place
According to the property management regulations:
Article 64
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.
Article 41
The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.
Extended data:
According to the Property Law of People's Republic of China (PRC):
Article 83 Obligations of all persons
Owners shall abide by laws, regulations and management regulations. The owners' assembly or owners' committee damages the legitimate rights and interests of others by dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages, refusing to pay property fees, etc.
Have the right to request the actor to stop the infringement, eliminate the danger, remove the obstruction and compensate the losses in accordance with laws, regulations and management regulations. Owners who infringe upon their legitimate rights and interests may bring a lawsuit to the people's court according to law.
Article 78 The decisions of the owners' congress and the owners' committee are valid.
The decisions of the owners' congress or the owners' committee are binding on the owners. If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it.
Article 82 The relationship between the realty service enterprise or other managers and the owners.
Property service enterprises or other managers shall manage the buildings and their ancillary facilities within the building division according to the entrustment of the owners and accept the supervision of the owners.
Article 70 Distinguish the ownership of buildings
Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.
Article 71 The owner shall exercise ownership of the exclusive part.
Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.
Article 72 The owner has certain rights and obligations * * *
The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; Never give up your rights or fulfill your obligations. When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.
Baidu Encyclopedia-Property Management Regulations
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