Those things about Changzhou property: Is it illegal to refuse to pay property fees?

There are many reasons why Changzhou owners refuse to pay property fees, such as stolen vehicles and unable to find parking spaces. However, as long as the property has fulfilled its corresponding obligations, there is no legal basis for the owner to refuse to pay the property fee on this ground.

Today, the real estate encyclopedia will tell you why you must pay the property fee.

Case:

Some owners in a residential area refused to pay property fees on the grounds of serious parking conditions, poor environmental sanitation maintenance, lax vehicle access management, and unattended illegal buildings, which led to the failure to pay the wages of property service personnel in time, and the residential environment became more and more chaotic, forming a vicious circle.

In the end, these owners were taken to court by the property company. At present, there are 59 property service contract disputes involved in the community, of which 56 cases have been settled by court mediation, and the owners have paid the property fees on their own initiative.

Then, the owners read so many seemingly "legitimate" reasons for refusing to pay, and none of them were adopted by the court. Why?

For example, some owners think that they don't need property services at all, so can they not pay property fees?

Let's look at the legal provisions first. According to 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:

If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, and the property service enterprise requests the owner to pay the property fee, 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.

In other words, the owner does not need to accept the defense of related property services, which involves the integrity of building ownership. The condominium ownership of buildings includes exclusive right, * * right and membership right, not the absolute right of a single owner.

There are often a large number of condominium owners, and the use and management of some parts of the building must be decided by all condominium owners in the sense of group, not by the individual meaning of individual condominium owners. Because of this, in matters involving the interests of all owners, the owners must jointly make a resolution, and such a resolution is binding on all owners.

Article 76 of China's Property Law stipulates that the appointment and dismissal of property service enterprises or other managers shall be decided by the owners' meeting. Article 78 stipulates that the decisions of the owners' congress or the owners' committee are binding on the owners. Therefore, as long as the property service contract is signed by the owners' committee according to the resolution passed by the owners' congress according to law, it is binding on all owners, and the owners shall not defend themselves on the grounds that they do not need to accept relevant property services.

Some owners think that they have not lived at home for many years and have not enjoyed property services. Do you have to pay property fees in this case?

The answer is yes. As mentioned earlier, the right of a property company to ask the owner to pay the property fee is the right of contract claim, which is based on the property service contract. Therefore, as long as the property service company provides corresponding services as agreed, it has fulfilled its contractual obligations, there is no breach of contract, and the owner has no room to exercise the right of defense first. The owner needs to pay the property fee according to the contract.

If the property management company fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the property service contract or determined by laws, regulations and relevant industry norms, the owners may require the property management company to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Some owners think that there is no direct contract with the property, so can they not pay it?

No, according to the regulations, the preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty 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.

Due to the particularity of the property service contract, neither the signing of the previous property service contract nor the signing of the property service contract is a contract signed by the owner and the service enterprise one by one. The former is signed by the construction unit and the service enterprise, while the latter is signed by the owners' congress and its committee and the property service enterprise. However, there is no difference in nature between these two contracts and those signed by the owners themselves.

Having said that, do you think the law is always on the side of the property company?

Not exactly. The breach of contract by individual owners is unfair to those owners who have already paid property fees, and it is more likely to cause a vicious circle in which property companies reduce the existing service quality without recovering operating costs.

In other words, not paying the property fee is actually suicidal, and it can't solve any problems, let alone safeguarding rights. If the owners don't pay the property fee, they will lose their rights and infringe on the interests of all owners. Individual owners have no right not to pay property fees. Failure to pay property fees is a violation of the owners' convention and an enemy of all owners. This is the fundamental reason why property fees must be paid.

The property service of a residential area needs the concerted efforts of everyone in Qi Xin. On the one hand, property companies should actively listen to the opinions of owners, strengthen communication with owners, and improve service awareness and quality; On the other hand, although the original intention of the owner's unpaid property management fee is to promote the improvement of property service quality, the improvement of the overall environment needs a process and the maintenance of the owner.

For the management of public parts, all owners need to negotiate. At the same time, the owner should claim the rights to the specific responsible party in time when the interests are damaged. The owner must be twisted into a ball. If it is really a property company's problem, such as the property service is not in place, but the property fee has been paid but the facilities and equipment are still not used for daily maintenance, the owners can also negotiate to replace the property together.

(The above answers were published on 20 16- 12-07. Please refer to the actual situation for the current purchase policy. )

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