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What will happen if you don't pay the property management fee?
Property fees are fees charged by property management units to provide services related to residents' lives. Whether renting or living, you need a certain property fee. I. Consequences of Failure to Pay Property Management Fees According to the Regulations on Property Management, the owner shall pay the property service fee as agreed in the property service contract. Violation of the property service contract, overdue payment or refusal to pay the property service fee without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit; If it fails to pay within the time limit, the property management enterprise may bring a lawsuit to the people's court. In this regard, Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes further stipulates that if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after written reminders, the people's court shall support it. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services. Therefore, if the owner refuses to pay the property fee without justifiable reasons, he will bear the liability for breach of contract to the property management enterprise and bear all the adverse consequences caused by losing the case. According to Article 45 of the Property Management Regulations, water supply, power supply, gas supply, heating, communication, cable TV and other units within the property management area shall charge relevant fees to the end users. If the owner signs a contract with the water supply and power supply company and pays the corresponding fees to the water supply and power supply company, the water supply and power supply company shall supply water and power. The property company is not a party to the water supply and power supply contract and has no right to interrupt the water supply and power supply to the owner without authorization. Therefore, although the property has the right to ask the owner to pay the property fee, if the owner does not pay the property fee, he may have to bear legal responsibility and pay a certain amount of liquidated damages, but the property right is water and power failure, in other words, water and power failure will not occur without paying the property fee. The property management fee is the basic contractual obligation that the owner should undertake, and it is a breach of contract not to pay the property management fee without sufficient defense reasons. However, the owner may refuse to pay the property fee under the following circumstances: 1, and the service quality provided by the property management company cannot meet the standard agreed in the contract; 2, the property company without authorization to expand the scope of charges, raise fees, repeated charges; 3. The property management company increases the charging items without the consent of the owner. If the services provided by the property management company fail to meet the standards stipulated in the contract, the service quality is not in place. If the service quality does not match the charging price, the owners can directly negotiate with the property company through the owners' committee, or even hire other property companies to manage the community according to the contract. Therefore, when there is a dispute with the property, refusing to pay the property fee will not only solve the problem, but also cause a lawsuit because of one's own impulse. It is wise to protect yourself with legal weapons.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 944
The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.
If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time;
If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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