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How to collect property fees for long-term uninhabited housing properties?
Due to the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes published by the Supreme People's Court, if a property service enterprise violates the stipulations of the property service contract or the provisions of laws, regulations and departmental rules, it arbitrarily expands the scope of charges, raises the standard of charges or charges repeatedly, and the owner raises a defense on the grounds of illegal charges, the people's court shall support it. The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.
The person in charge of the First People's Court of the Supreme People's Court said that in practice, when the property service enterprises have fully fulfilled their corresponding obligations in accordance with the agreement and regulations, some owners have defended themselves on the grounds that they did not enjoy the services provided by the property service enterprises. For example, the owners claimed that they did not enjoy the services because they went abroad, or they did not need to receive relevant property services. For example, the owners of low floors claimed that they had never taken the elevator. Hiring a property service enterprise is the decision made by the owner. As long as the realty service enterprise provides relevant services in accordance with the contract, all owners have equal obligations to pay property fees. Otherwise, the stability and certainty of the property service relationship will be completely destroyed.
The bottom is broken Unless otherwise stipulated or agreed in the management statute or the property service contract, the defense put forward by the owner for the above reasons is an abuse of rights, which is detrimental to the owner's autonomy mechanism and the order of property service, and the court should not support it.
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