Job Recruitment Website - Property management company - Is it legal to refuse to enter the community without paying the property fee? What will happen if the property fee is sued?
Is it legal to refuse to enter the community without paying the property fee? What will happen if the property fee is sued?
Is it legal to refuse to enter the community without paying the property fee?
It is illegal not to let the car into the community without paying the property fee. If the owner fails to pay the property fee, the property management company may ask the owner to pay it through legal channels, but shall not restrict the owner's access.
The Civil Law of People's Republic of China (PRC) stipulates that 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, and 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.
If you don't pay the property fee, can the access card be used?
The property fee can be used without paying the access card, and the owner of the house is the owner. The act of stopping using the access card prevents the owner from exercising the possession and use right of the house, and the owner has the right to ask the property to stop the infringement and remove the obstruction. China's "Civil Code" clearly stipulates that it is not allowed to urge the property to pay the property fee by means of power failure and water stoppage, which requires the property not to claim the property fee in a way that hinders the owner from exercising ownership. According to the principle of which is more important, the power failure and water supply affect the owner's exercise of ownership, and the way of disabling the access card makes it more serious. It should be taken into account that disabling access cards is also prohibited by law.
What happens if you are sued for not paying property fees?
If the owner is sued for not paying the property fee, the court will mediate. If the mediation fails, the owner will be sentenced to pay the property fee and refuse to perform. Property companies can apply for compulsory execution. According to the "Regulations on Property Management", the owner shall pay the property service fee according to the agreement in the property service contract. Violation of the property service contract, overdue payment or refusal to pay the property service fee without justifiable reasons, the owners' committee has the right to urge them to pay within a time limit.
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