Job Recruitment Website - Property management company - Does the property have the right to sue the owner for property fees?
Does the property have the right to sue the owner for property fees?
Yes If the owner is sued for not paying the property fee, the court will mediate. If the mediation fails, the owner will be sentenced to pay the property fee and refuse to perform. Property companies can apply for compulsory execution.
Owners shall not default on property fees without reason. The reason for this is the following:
(1) It is the contractual obligation of the owner to pay the property fee on time. Property management refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise repair, maintain and manage the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the relevant areas. In the legal relationship of property management (property service), the obligation of property service company is to provide property service, and the right is to collect property service fee; The owner's obligation is to pay the property service fee, and his right is to enjoy the property service. The specific rights and obligations of both parties are stipulated in the property service contract. Owners and property service companies shall exercise their rights and perform their obligations in accordance with the contract. Unless the property service contract stipulates that the owner can default on the property fee, the owner shall not default on the property fee. If the owner fails to fulfill the obligation of paying the property fee in time according to the contract, the property service company can not only recover the property fee, but also collect the late payment fee according to the contract.
(2) Paying the property fee on time is determined by the owner's differentiated ownership of the building stipulated in the Civil Code. The differentiated ownership of the owner's building includes not only the ownership of the exclusive part, but also the right to own and manage the parts other than the exclusive part.
How can the owner not pay the property fee?
Find the law network to remind you that the owner can not pay the property fee as follows:
1. Because the house quality problem is not delivered, the property fee is paid by the developer;
2. If the property company fails to perform the service responsibility of the property contract, all the owners can refuse to pay, but there must be strong evidence;
3. The service quality provided by the property management company can't reach the standard stipulated in the property contract;
4. The property company does not have the original approval document of the price management department;
5. The property company increases the charging items without authorization, expands the charging scope and raises the charging standard.
To sum up, there are. Of course, there is a charge for the property company to serve the owners. After the lawsuit goes to the court, the court will mediate or make a judgment, requiring the owners to fulfill their obligations to pay and bear the late fees and liquidated damages for property fees in a timely manner.
Legal basis:
Article 41 of the Regulations on Property Management
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.
Article 65 of the Regulations on Property Management
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.
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