What are the legitimate reasons for not paying property fees?

Do you have to sign a contract with the industry Committee or the property company to pay the property fee without providing the qualification certificate?

Can the property company refuse to pay the property fee if it uses the public parts of the community (such as elevator advertisements) without authorization?

Myth 1:

If you don't stay, you won't pay the property fee.

Xiao Zhao's new building will be handed over soon, but his daily work is very busy. He will have to go on a business trip next week, which will take several months. Unfortunately, Xiao Zhao's wife went to America on business last month. You can give the house to your mother, but Xiao Zhao wants to pay the property fee temporarily. After all, he and his wife will not stay during this time, and they will not enjoy their services.

Interpretation: The Measures for the Administration of Property Service Charges promulgated by the National Development and Reform Commission and the Ministry of Construction stipulates that the cost or expenditure of property services generally includes: the salary of management service personnel, social insurance and welfare fees drawn according to regulations; Daily operation and maintenance expenses of the parts and facilities used by the property; Cleaning and sanitation expenses in the property management area; Management of greening maintenance cost in property area; The maintenance cost of regional order in property management; Office expenses; Depreciation of fixed assets of property management enterprises; * * * Property part, * * * facilities and equipment and public liability insurance fees; Other expenses agreed by the owner.

Statement: From the content of property fees, Xiao Zhao's understanding of services has certain limitations, because of the greening and maintenance costs of property management areas; The maintenance cost of regional order in property management; Office expenses; Depreciation of fixed assets of property management enterprises is an integral part of property management. Therefore, there is no doubt that Xiao Zhao has to pay the property fee regardless of whether he can live or not after buying a house.

Myth 2:

If you don't sign a property contract, you won't pay the property fee.

Ai's Internet cafe is located in a certain district of a city. On July 20 10, the community owners' committee, the community owners' committee and the property management company signed the Property Management Entrustment Contract. After the contract was signed, the property company provided property services as agreed, but Ai refused to pay the property fee on the grounds that he had not signed a property contract with the property company and the services provided by the property company were few. The property management company appealed to the court, demanding that Ai pay the arrears of property management fee of 36 1 1 yuan.

Interpretation: According to the relevant provisions of the Property Management Regulations, after the owners' committee is established according to law, the property management contract signed by the owners' committee and the property management company is binding on all owners. 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. Therefore, if the property contract is not signed, or the property company does not provide qualification certificate, the owner cannot refuse to pay the property fee.

Statement: No matter whether the community owners have signed a property management contract with the property company, as long as the owners' committee has signed a contract with the property, or even several parties have not signed a contract, but the property company has provided services, then the services provided by the property will be compensated, otherwise the residents will lose the case if they resort to the legal court.

Myth 3:

Don't pay the property fee if you are not satisfied with the property service.

A garden owner surnamed Hu reported that the management of the property service company was chaotic, the sanitary conditions were poor, and theft cases were frequent. The owner has opinions and refuses to pay the property service fee to express his dissatisfaction. 100 Many owners jointly requested to change the property. However, the property company sued the owners who defaulted on the property fees, demanding that they not only pay all the property management fees, but also add liquidated damages.

Interpretation: The service provided by the property management company can't meet the standard stipulated in the contract, that is, the service quality is not in place. The quality of residential property services shall be subject to the supervision of the residential owners' committee. If the quality of service does not meet t

Don't pay the property fee if you are not satisfied with the community environment.

The staff of the property company said that many owners' requirements for the property company are beyond the reasonable scope. They think that as long as the property management company receives the money, it should be responsible for all the losses of the owners.

For example, the owner, Mr. Wang, lives in the third district of Shunyi Sakura Garden, which is very close to the Capital Airport, so there are often planes passing over the community. The rumbling sound made them unable to rest at all. Teacher Wang thinks that the service of the property management company is not in place and has the right not to pay it.

Some owners also reported that there are few buses and banks around their community. Many owners ask the property to solve these problems, and some even suggest that the security guards employed by the property should ensure the personal safety of the owners.

Interpretation: Whether the property fee is paid corresponds to whether the property company has fulfilled its contractual obligations and responsibilities in accordance with the property service contract when performing its property management duties. However, the related service items put forward by the owner, especially the rights and obligations under the sales contract, belong to different legal relationships and cannot be the legal defense for the owner to refuse to pay the property fee unless there is a special agreement.

In other words: the owner's requirement is to do more with less money and get value for money or even better value for money. But when it comes to service, there are many soft things that are difficult to do and it is difficult for everyone to adjust.

In fact, this problem has exceeded the management ability of property companies. That was before the airport. If the owner can't stand its noise, he can't buy a house here in the first place. The property can't suggest dismantling the airport. For the problem that there are few buses and banks around the community, many owners ask the property to solve it, and some even suggest that the security guards hired by the property should ensure the personal safety of the owners. None of this is right.

Myth 5:

law

Don't blame the public for following suit.

In a residential area in Beijing, two or three owners did not pay the fees at first, and the property generally did not take compulsory measures. However, if these two or three companies do not pay property fees, they will play a bad "demonstration role" for the owners who have already paid. Many owners who are unwilling to pay property fees will start to imitate when they see that others do not pay. Don't you just pay? I won't pay either. This effect is like an infectious disease, and many owners follow suit. But over time, more and more people join the ranks of non-payment, and property fees are even more difficult to collect.

Policy interpretation: the purpose of the property and the owner is the same. Owners realize the preservation and appreciation of the property through the management of the property; And property can establish its own brand through management. If the property service can't keep up because of not paying the property fee, the property will eventually depreciate and the interests of the owners will suffer even greater losses.

Statement: failure to pay property fees is naturally attractive to other owners, and failure to pay may be considered as an opportunity for owners to follow suit; For the owners who are in arrears, it is necessary to mobilize their neighbors to refuse to pay, so as to achieve the effect of not complaining; And when his neighbors find that they can meet their own interests without paying property fees, they will also act enthusiastically. Because in their view, the law will first punish those owners who take the lead in not paying property fees.

In fact, if the owner does not pay in person, his property will not be effectively maintained and his own interests will suffer. Paying the fee does not mean recognizing the service of the property, and the owner can rightfully ask for improving the service.

◆ Misunderstanding 6:

Dissatisfied with the bundled service of the property company, not paying the property fee.

The owner, Ms. Zhang, refused to pay the property fee because of the dispute over the moving door next door. This year, her children went to the community kindergarten and were told that they must show the completion fee certificate of the property company to enjoy the preferential treatment of the owners. They call it "bundled service". The owner thinks that the preferential treatment is promised by the developer in the contract, and the property has no right to interfere.

The owner, Mr. Li, was refused to use the gym in the community because of a property fee dispute. For the property company's "service of bundling property fees", Mr. Li believes that the gym is shared by all owners and has the right to use it. But at present, he has no choice, and the cost of legal proceedings is too high.

It can be said that the "bundling charge" of property companies is becoming a concentrated problem, and some property companies generally follow suit.

Policy interpretation: According to the relevant regulations, clubs and other facilities cannot be charged in principle, but due to maintenance costs, the industry committee can entrust the property company to manage the charges, and the charges are at the discretion of all owners. If negotiation fails, the owner can sue through law and ask the developer to fulfill his promise. Property companies can also sue the owners and ask them to pay property fees.

Statement: Generally speaking, gyms, clubs and swimming pools in the community belong to supporting facilities and contribute to the construction cost of the community, and the property rights belong to all owners of the community. According to the principle of "my things, I use them", the owners have the right to use these facilities.

It is immature for owners to resist property management services by refusing to pay property fees. If there is any objection to the quality of property service, it can be solved legally and reasonably through normal channels and normal means.

◆ Misunderstanding 7:

Dissatisfied with the property company's use of public areas to operate and not paying property fees.

Miss Yang lives in a community in Xuanwu District. Recently, she saw an advertisement for a fitness club at the entrance of the building. Before seeing this advertisement, she felt that the property management company had no right to do so at all. Since you can make money from your business, we shouldn't pay the property management fee.

Similar to the above example, the owner of a residential area rented out the lobby and the property service room without permission, refused to pay the property fee, and had a dispute with the developer and the property company.

Policy Interpretation: The Measures for Property Charges stipulates that the use of facilities in the * * * area of the property for business use shall be approved by the relevant owners, owners' congress and property service enterprises, and the proceeds shall be mainly used to supplement special maintenance funds.

Statement: The practice of the property management company is wrong and must be corrected. But it is impossible for the owner not to pay the property fee accordingly.

Related Q&A: Related Q&A: What are your reasons for refusing to pay the property fee, and how do the owners respond to the demand for the property fee? What is your reason for refusing to pay the property fee? How do owners respond to the demand for property fees?

Hidden dragon theory, micro-comment on the cases around the people, and interpret social life with law!

When it comes to paying property fees, most of our owners think that property fees are unwilling to be paid, and owners with strong legal awareness think that they have signed an agreement with the property. There are also owners with a strong sense of rights protection who think that the property is not well served in many aspects, procrastinating or finding reasons not to pay. So what we want to talk about is Property Law Album 0. What is your reason for refusing to pay the property fee? How do owners respond to the demand for property fees?

First of all, what reason can the owner refuse to pay the property fee?

According to my life experience, I collected some reasons why owners refused to pay property fees:

The property did not help me, the owner, to coordinate my relationship with my neighbors. Whenever I have a dispute with my neighbor and the property is not involved, I don't want to pay.

The upstairs owner of my house leaked water, which caused losses to my house. I think the property service is not good;

Some properties are due, and he won't leave. I obviously have no contractual relationship with him. He is still serving here, and I don't want to pay.

Although I bought this house, I have never lived in it, have never enjoyed the service of the property, and don't want to pay.

Some owners even said that my car was placed in the community, and as a result, someone damaged my car and could not find the damaged person, so they refused to pay the property fee on this ground.

These examples are very common in life. I summarized the reasons for refusing to pay the fees. It is nothing more than that the property fails to provide good service to the owner within its statutory and agreed service scope, and the owner can refuse. However, in practice, most of our owners are not very clear about the work of property services. Owners in the process of receiving services, there is no energy to pay attention to, nor do they know what services the property company has.

The idea of not serving the owners well is a pain point in our practice.

First of all, property services generally include the following aspects: environmental sanitation, some maintenance matters of the owners' public parts, some basic safety of the community is greening, and some parking spaces management.

As for the things in the owner's own home, such as my equipment and facilities are broken, it can be coordinated or maintained through the property. In fact, this service is not within the scope of the property. Of course, there are also some property companies that do well, and they will also be stated in the contract.

In addition, there are several special situations that need to be reminded that our owners have not actually moved in. Should I pay this property fee? When did the property fee start to be calculated? The real starting point of paying the property fee is to calculate the property fee after checking in and handing over the house between the developer and the owner.

Then I won't live. Should I hand it in? Every place has different policies. In some places (provinces and cities), the property management regulations stipulate that it is legal to give us a 30% discount on property fees if you have not stayed for one year. As for the first year, do you want a 30% discount? According to my understanding, as long as you don't stay in the second year and the third year, you have to get a 30% discount, which is legal (but not required by national laws).

There is another situation. Many owners said that the conditions for the delivery of the house handled by the developer have not yet been met. Should I pay the property fee? Some local (provincial and municipal) property management regulations also clarify this point. If the exchange conditions are not mature and the developer hands over the house without authorization, then the property fee will be paid by the construction unit, that is, the developer.

If the property doesn't leave the market when it expires, the property management committee will terminate the property service contract with the property management company according to law, and the property management company will continue to provide services. The owner said, can I not pay this property fee? From the principle of China's contract law, it should be compulsory transaction, and it is reasonable to refuse to pay property fees as a defense, but in practice, property companies do provide services. The general principle is that property fees are discounted, and the specific discount is decided by the court.

Also, when the property management company urges our owners to pay the property fee, can they cut off water, electricity and gas? This is very clear. Property companies can't take these measures because the owners have not paid the property fees. Once the owner encounters such a dunning method, he can complain to the housing management department, so the housing management department has the right and responsibility to impose a fine on our property company.

Then, what is the legal procedure for property companies to recover property fees?

Some owners gave me feedback: suddenly one day, I received a summons from the property company through the court. To sue the owner, this procedure is illegal, and the property company can only sue our owner after a written reminder in advance.

Finally, give our property owners a suggestion. In the process of providing services for the owners and the community, if we find that we are not doing well, or that we are not doing well, we must take photos, record and collect evidence, and keep the corresponding evidence. When meeting the demand for property fees, we can collectively and have a lot of evidence to prove that our property management company does have insufficient services in the daily service process. In addition, because the service defect has really caused damage to our owners, it can be used as a defense for paying property fees. We can negotiate with the property management company. Maybe our property fees are not paid enough. Don't forget this suggestion.

Of course, we do not encourage owners to refuse to pay property fees. If it is legal and reasonable, the owners who enjoy the services provided by the property management company should still pay the property fees on schedule.

Are you a landlord or a temporary tenant? Enjoy your rights, fulfill your obligations, and make all owners, every family and the whole community harmonious and beautiful. Do you have any questions? What do you think? Let's start a journey of real estate exploration!