Job Recruitment Website - Property management company - What if the property doesn't care about anything but the property fee?
What if the property doesn't care about anything but the property fee?
1. If the property service enterprise only collects property fees and fails to provide property services as agreed in the contract, the owner can defend his rights in the following ways:
(1) The owner can report to the real estate administrative department of the local people's government at or above the county level;
(2) The owner can set up an industry committee, terminate the property service contract, replace the property service enterprise, and require the property service enterprise to refund the property fee;
(3) If the property service is not provided and the interests of the owners are harmed, the property service company may be required to bear the liability for compensation.
Second, the property management service is not in place to urge the payment of property management fees?
In practice, the problem of inadequate property management services is still widespread, but in general, owners should not resist by refusing to pay. If they encounter this problem in their lives, they should solve it in the following ways:
1, the owner pays first. Because it is unreasonable and illegal for the owner to refuse to pay the property management fee, the property also has the right to charge the property management fee for providing property services. In this regard, in practice, many owners just walk into a misunderstanding, thinking that they can refuse to pay if the property service is not in place. If they refuse to pay more money, they may be sued by the property.
2. Owners can collect relevant data and evidence of inadequate services of the property management company, and then report to the industry committee, which will come forward to negotiate with the property management company or even dismiss the irresponsible property management company.
3. If the negotiation fails or the service quality of the property management company is not improved, then after collecting the data and evidence that the property service is not in place, you can bring a lawsuit to the court and ask the property management company to bear the liability for breach of contract and claim compensation for the losses caused.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable time limit. If the payment is not made after the expiration of a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
property management regulations
Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress.
Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.
Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.
The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
Forty-first owners should 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.
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