Didn't you pay the property fee for the new house?

Yes, but the cost is not borne by the owner.

Article 42 of the Property Regulations stipulates that the property that has been completed but not sold or handed over to the property buyer shall be paid by the construction unit.

Generally speaking, the payment of the new house property fee is calculated from the date of unified delivery, and the owners who notify others that they have not delivered the house generally have to pay the property fee according to the unified time. Specific conditions can be negotiated with the property, or refer to local property management regulations.

There is also a situation where the owner fails to check and accept in time due to various reasons after receiving the notice, and the property fee is charged according to the normal occupancy.

At present, the composition of property management fee mainly includes garbage cleaning fee, cleaning fee, security fee, greening fee, excrement treatment fee, maintenance fee of community public facilities, public lighting electricity fee, elevator operation fee, etc.

As can be seen from the composition, most of the property fees belong to the management of public parts and the maintenance of facilities and equipment of all owners, which are mostly aimed at all owners of the whole community, and are not specifically aimed at serving one owner.

In this sense, the property management company serves the owner's house, not the owner. Whether the owner's house is used or not does not affect the property company to provide services for the whole community. The purpose of building houses by owners is to invest, and property services also play a role in preserving the value of owners' houses, and owners are also beneficiaries of property services.

According to the Provisions of the Supreme People's Court on the Trial of Property Service Disputes, the property service enterprise has provided services in accordance with the contract and relevant regulations, and the people's court will not support the owner's defense on the grounds that he does not enjoy or does not need to accept relevant property services.

In other words, the house is vacant and the property fee has to be paid. Owners can't refuse to pay for not enjoying property services.

Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that the preliminary property service contract signed by the construction unit and the property service enterprise according to law and the property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress according to law are binding on the owners.

If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Extended data

It is the owner's obligation to pay the property fee, but it may not be paid under the following circumstances:

1. Because the house quality problem is not delivered, the property fee is paid by the developer.

2. Lease the house, and the lease contract indicates that the property fee shall be paid by the tenant.

3. If the property management company fails to perform the service responsibilities of the contract, all owners can refuse to pay, but there must be strong evidence.

4. If the property management company arbitrarily expands the charging scope, raises the charging standard and charges repeatedly, the owner may refuse to pay.

5. There are defects in the maintenance of public facilities and public health.

6. There is something wrong with the construction quality, and the property management company has not fulfilled its maintenance obligations. If the house leaks, it cannot be solved after being reported to the property management company for maintenance.

7, management responsibility is not in place. If illegal construction, load-bearing wall removal and other illegal acts are not stopped in time and effectively.

8. Failure to fulfill the security obligations. If property is stolen, vehicles are stolen or scratched; Infringed by the third person in the community, etc.

9. The property company does not publish the accounts, which infringes on the owner's right to know.

10, abuse of power by property company personnel. Breaking into the owner's house illegally is to cut off the electricity, water and gas for the owner illegally.

1 1. The property management company overstepped its authority, for example, taking advantage of the public venues and facilities in the community to seek improper benefits without authorization.

Baidu Encyclopedia-Property Management Regulations