Job Recruitment Website - Property management company - What responsibility should I bear if I am sued for defaulting on property fees?
What responsibility should I bear if I am sued for defaulting on property fees?
1. The consequence of being sued for not paying the property fee is that the owner cannot enjoy the corresponding property services. After mediation by the court, the owner is required to pay the overdue fine and liquidated damages for property fees in time. If the owner refuses to perform the mediation judgment after it takes effect, the property company may apply to the court for compulsory execution.
2. The owner shall pay the property service fee according to 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.
3, in violation of the property service contract, the owners did not pay the property service fee, the owners' committee shall urge them to pay 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.
4. The property service fees in residential areas are mainly public service fees, including daily operation, maintenance and conservation, greening management, security and cleaning of public facilities. No matter whether the owner actually moves in or not, even if the house is vacant, he has to pay the corresponding fee. Some parts of * * * are closely related to proprietary parts. Property service companies manage and maintain some parts of * * *, and every owner benefits from it. The obligation to pay property fees is equal to all owners, otherwise, the stability and certainty of the property service relationship will be broken.
Under what circumstances can I not pay the property fee?
If the property management company raises the charging standard of property services without authorization, some owners who raise the fees without authorization may not pay the property fees. In addition, the owner may not pay the property fee in the following cases:
1. Except as stipulated in the property management service contract, the property management enterprise provides services by itself. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees.
2, the implementation of government guidance price of property services charges, the owners can refuse to pay more than the guidance price.
3. If the property management enterprise fails to perform the obligations stipulated in the property service contract, the owner may not pay or pay less the corresponding property service fee.
4. If the property service contract stipulates that the service fee shall be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee.
To sum up, whether the owner will be sued for defaulting on property fees has nothing to do with the amount of defaulting on property fees. The property fee owed by the owner to the property management company is a civil dispute. Therefore, even if the owner is in arrears with the property fee of 1 yuan, the property can file a lawsuit at any time, demanding the owner to pay the property fee, and compensate the losses of such civil cases within two years of the general limitation of action.
Legal basis:
property management regulations
Article 7
Owners in property management activities, to fulfill the obligation to pay property service fees on time.
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.
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