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What should I do if the property service is not in place?
1. If the property service is not in place, can the owner refuse to pay the property fee?
(1) In general, an individual owner has no right to refuse to pay the property fee on the grounds that the property service is not in place.
If the property service is not in place, the owners can report the situation to the industry committee and negotiate with the property service enterprises, asking the industry committee to strengthen the supervision of the property service, and asking the property enterprises to make rectification within a time limit.
In the following cases, the owner does not pay the property fee, and the property should strengthen internal management.
1 The corridor was not thoroughly cleaned. Corridor hygiene is the service scope of property, and property management should be strengthened.
2 community greening is not timely, and weeds in green space are not cleaned in time. The property should be afforested in time according to the season, and the flowers and trees in the public green space of the park should be carefully maintained.
The accumulated water on the road surface in rainy days in three communities was not cleaned up in time, and the snow was not cleaned up in time in snowy days. Public health and property in the community should be cleaned up in time.
Street lights and corridor lights in five residential areas were damaged and not repaired in time. Belong to the responsibility of the property company.
(2) The circumstances in which the property fee can be refused.
The basis for the owners to pay the service fee is the property service contract signed by the property management enterprise selected by the owners' committee and the owners' congress. Article 7 of the Regulations on Property Management promulgated by the State Council clearly stipulates that "paying property service fees on time" is a basic obligation of the owners. Only under the following circumstances, the owner can not pay or underpay the property service fee:
1 Property management enterprises provide services by themselves except as stipulated in the property management service contract. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees.
The owner may refuse to pay part of the property service fees beyond the guidance price.
If the property management enterprise fails to fulfill the obligations stipulated in the property service contract, the owner may not pay or pay less the corresponding property service fee.
4. The property management company raises the charging standard of property services without authorization, and some owners who raise the fees without authorization may not pay.
If the property service contract stipulates that the service should be provided first and then the fee should be paid, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee.
Second, can I change the property company if the property service is not in place?
According to the relevant provisions of China's "Property Management Regulations", the owners' congress has the right to decide to hire and dismiss property management enterprises. Therefore, if the property service is not in place, don't worry, it can be replaced.
It should be noted that before the owners and the owners' congress hire property management companies, the construction unit shall sign a written preliminary property service contract when hiring property management companies. The prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty management enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.
3. Can I sue if the property service is not in place?
You can sue. According to the latest judicial interpretation, as long as the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and maintenance obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, the owner has the right to sue the realty service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
I'm here to sort out the information about these problems, hoping to help you. The laws in China are gradually improving, and we look forward to helping more people.
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