Do I have to pay a property fee if I don't sign a contract with the property?

The owner cannot refuse to pay the property fee without signing a property contract or the property company fails to provide the qualification certificate. The owners' committee has not signed a written property service contract with the property company, but the owners have actually accepted the property service, and the owners shall pay the corresponding fees to the property company according to the actual service price as a reward for providing the service.

Property contract is generally a written property service contract concluded between the owners' committee and the property service enterprise selected by the owners' congress. After the owners' committee signs the property management contract with the property management company, it is binding on all owners. If the owners' committee has not signed a written property service contract with the property company, but the owners have actually accepted the property service, the owners should pay the corresponding fees to the property company according to the actual service price as a reward for providing services. Therefore, if the property contract is not signed, or the property company does not provide qualification certificate, it is impossible for the owner not to pay the property fee.

Only under the following circumstances, the owner can not pay or underpay the property service fee:

(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 owner may refuse to pay for the part exceeding the government 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 there is a overlord clause in the property, the owner can refuse to pay. For example, whether the previous property entered into a contract through consultation with the owner or entered into a contract by itself.

(5) The property fails to perform the contract, such as not cleaning the sewer regularly according to the contract requirements.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

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. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.