Job Recruitment Website - Property management company - Is it legal to refuse to enter the community without paying the property fee?
Is it legal to refuse to enter the community without paying the property fee?
First, the rights and obligations of the property service contract
The property service contract signed by the owner and the property management company is the basis of the rights and obligations of both parties. The owner shall pay the property fee according to the time and amount agreed in the contract, and the property management company shall provide the agreed property services, such as security, cleaning and greening.
Second, the way to recover property fees
When the owner fails to pay the property fee on time, the property company has the right to take legal measures to recover it. This usually includes sending reminders and taking legal proceedings. However, property companies cannot take measures to directly prevent owners from entering the community, because such behavior may infringe on the legitimate rights and interests of owners.
Third, the legitimate rights and interests of the owners.
As a legal resident of the community, the owner enjoys the basic right of residence and right of way. Property companies cannot arbitrarily deprive owners of these rights. Even if the owner does not pay the property fee, the property management company should solve the problem through legal channels instead of taking drastic measures.
Four, the responsibility and limitation of the property company
As a service provider, a property company shall abide by the contract and relevant laws and regulations, and shall not infringe upon the legitimate rights and interests of the owners. Property companies should take reasonable and legal ways to solve the problem of unpaid property fees, such as consulting with owners and seeking legal channels.
To sum up:
It is illegal to refuse to enter the community without paying the property fee. Owners and property management companies should solve the problem of unpaid property fees through legal channels in accordance with the property service contract and relevant laws and regulations. Property companies can't take drastic measures to infringe on the legitimate rights and interests of owners, but should seek legal and reasonable solutions.
Legal basis:
People's Republic of China (PRC) property right law
Article 70 provides that:
Owners have the ownership of exclusive parts of buildings such as houses and business buildings, and have the right to co-manage the parts other than the exclusive parts.
property management regulations
Article 45 provides that:
The 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.
Contract law of the people's Republic of China
Article 107 stipulates:
If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.
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