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Can I refuse to pay the service fee if the property service is poor? How to deal with the arrears of property fees?
At present, similar disputes about defaulting on property fees often occur, so how to identify and solve such disputes? Industry insiders interviewed Zhi Li, a lawyer of Liaoning Housing Construction Law Firm.
First, owners have the right to accept property services and should also abide by the management regulations. It is the owner's obligation to pay the property service fee on time.
According to the Property Law, the Property Management Regulations and other laws and regulations, as a party in the legal relationship of the property service contract, it is the legal right of the owner to accept the services provided by the property company in accordance with the property service contract, which also means that the property company should provide property services to all owners in accordance with the property service contract, and the owner should pay the property service fee to the property company on time in accordance with the property service contract. The owner refuses to pay the property service fee without justifiable reasons.
As for the owners who think that the property company has not fulfilled or not fully fulfilled the maintenance, conservation, management and maintenance obligations stipulated in the property service contract, they can also ask the property company to bear the corresponding liability for breach of contract through legal channels.
Two, the prophase realty service contract is binding on all owners, and the owners shall abide by it according to law.
At present, it is common for developers to hire property companies in advance and sign early property service contracts with them. According to the relevant laws and regulations, although the owner is not a party to the contract, he should also abide by the stipulations of the previous property service contract, that is, the owner should not refuse to pay the property fee (sign the contract without his consent) because he is not a party to the previous property service contract under the condition that the property fee standard is appropriate.
At the same time, it should be noted that there is no legal basis for owners to refuse to pay property fees on the grounds that they do not need property services.
Of course, if the owner thinks that there are contents that aggravate the responsibility in the previous property service contract, he can request to confirm that these contents are invalid according to law.
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