Job Recruitment Website - Property management company - Objection to the property charging standard.
Objection to the property charging standard.
1. What are the solutions to property fee disputes?
Handling method of property fee disputes: both parties negotiate, apply for arbitration and demodulation, or bring a lawsuit to the court for handling. Property fee disputes belong to the category of civil disputes, and generally belong to the contradictions and disputes between property companies and owners about the payment of property fees.
1. If the owner refuses to pay the fee unreasonably, he shall be ordered to pay the property management fee in accordance with the provisions of the contract, and shall bear the liability for breach of contract for late payment;
2. If the owner does not house for his own reasons and asks for a reduction or exemption of the property management fee on this ground, it is generally not supported;
3. If the service quality provided by the property management company fails to meet the contract, the property management company refuses to pay the fees, which belongs to the first breach of contract of the property management company. The owner's refusal to pay the property management fees is an act of exercising the right of defense in the performance of the contract and a means of self-relief adopted according to law. In this case, according to the quality of service provided by the property management company, the property management company's claim for the owner to pay the property management fee can be rejected.
4. If the owner defaults on the property management fee and the property management company requests to pay the overdue fine in accordance with the agreement, it shall be supported. If the amount of overdue fine is too high, it can be appropriately adjusted according to the requirements of the defaulting party, and the adjusted overdue fine generally does not exceed the amount owed.
2. How long is the statute of limitations for property fee disputes?
The limitation of action for disputes over property management fees is three years, counting from the day when the obligee knows or should know that his rights have been damaged. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee. The limitation of action is interrupted by the institution of a lawsuit, the request of one party or the agreement to perform the obligation. From the time of interruption, the limitation period of action shall be recalculated. If a request is made to the owner in the above way and the limitation of action is interrupted, the limitation of action for the property management fee will be recalculated for 3 years.
To sum up, if there is a dispute between the owner and the residential property because of the property fee, you can negotiate and communicate first, or find the industry Committee to reflect the situation. If they can't handle it, they can apply for mediation or arbitration. After the arbitration result comes out, if the owner refuses to accept it, he can also file a case in court within the limitation of action. If the property fee is considered unreasonable, the owner shall bear the burden of proof.
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