Is it illegal for the community not to pay property fees? Eight reasons for not paying property fees. Property fee collection standard 2020

Basically, all the residential areas we live in have properties, which serve the owners and ensure the safety of the residential areas, so we also need to pay a certain property fee every year. But many owners don't pay property fees in life, so isn't it illegal to pay property fees in the community? Here are eight reasons for not paying property fees and the property fee collection standard 2020. Let's have a look.

1. Is it illegal not to pay the residential property fee?

The property fee is clearly stipulated in the property contract. If the owner does not pay the property fee, the property company can sue the owner for breach of contract. Let Bian Xiao introduce it to you, and the residential property fee is not illegal. Let's have a look.

In real life, there are many reasons why owners refuse to pay property fees, such as stolen vehicles and poor awareness of property services, but as long as the property has fulfilled its corresponding obligations, there is no legal basis for owners to refuse to pay property fees on this ground.

If many people don't pay the property fee for a long time, the property will sue the owner for not paying, and the owner will be required to bear the liquidated damages. The final result is often to make up the property fee.

Under normal circumstances, even if the service of the property itself is not good, the law will tend to the property side because there is no substantive evidence in the hands of the owner. As for the place where the property is not in place, I suggest you use a camera, mobile phone, etc. Collect evidence in an emergency. Paying the property fee according to the agreement is the owner's basic contractual obligation, and there is not enough defense reason, so not paying the property fee is a breach of contract.

Two, eight reasons for not paying property fees

1. Refuse to pay the property fee on the grounds of non-residence and non-use.

Article 11 of the Measures for the Administration of Property Service Charges stipulates that the cost or expenditure of property services generally includes: the daily operation and maintenance costs of the parts and facilities used by the property; Cleaning and sanitation expenses in the property management area; Maintenance cost of greening in the property management area; Maintenance cost of regional order in property management, etc. Therefore, if you buy a house, no matter whether you can't live, you have to pay the property fee, which is beyond doubt. The determination of vacant houses and the proportion of property fees are generally agreed in the property service contract. If there is no agreement, it shall be determined in accordance with the provisions of the competent price department.

2. Refusing to pay the property fee because there is no contract with the property company.

The Interpretation of the People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that the preliminary property service contract signed by the construction unit and the service enterprise according to law and the property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress according to law are binding on the owners. In addition, although the property service contract was not signed, the owner actually accepted the property service, and the people's court supported the property service provider who sued the owner to pay the corresponding property service fee.

3. Refusing to pay property fees due to housing quality problems.

The housing quality problem belongs to the problem left by the developer, which should be solved by the owner and the developer in the legal relationship of the housing sales contract, and it does not belong to the same legal relationship as the property service contract. Therefore, refusing to pay property fees cannot be supported by the court. Should be in accordance with the provisions of the state warranty period and scope, undertake the responsibility of property warranty.

4. Refusing to pay property fees on the grounds of personal and property damage.

Paragraph 2 of Article 36 of the Property Management Regulations stipulates that if a property service enterprise fails to fulfill the stipulations of the property service contract, causing personal and property damage to the owner, it shall bear corresponding legal responsibilities according to law. If the realty service enterprise has fulfilled the realty service contract and there is no fault in management, the owner cannot refuse to pay the realty service fee accordingly.

5. Refusing to pay property fees on the grounds of property service quality (cleaning, greening, etc.). ) unqualified.

The relationship between the owner and the property service company is a property service contract. If the property service company fails to strictly perform in accordance with the contract, the owner may investigate the liability for breach of contract according to law and demand to continue to perform and compensate for the losses. The service quality of the property service company is unqualified, which is usually a general breach of contract, not a complete failure. The owner cannot wrongly exercise the right of defense to refuse to pay the property fee. And the owner's cognition of this service has certain personal subjective factors. Therefore, the owner cannot refuse to pay the property fee on this ground.

6. Follow the trend and refuse to pay property fees without blaming the public by law.

Article 7 of the Property Management Regulations stipulates that owners have the obligation to pay property service fees on time. In addition, Article 106 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates: "Citizens and legal persons who violate contracts or fail to perform other obligations shall bear civil liability." Therefore, after the property company provides property services in accordance with the contract, the owner cannot refuse to pay the property fee.

7. Refusing to pay the property fee on the grounds of theft, running water, damaged goods, etc.

In this case, the key is whether the property company is at fault. Whether the property company provides corresponding services according to the contract. If the property company fully abides by the provisions of laws and regulations and the provisions of the property service contract. Owners cannot refuse to pay property fees on the grounds of theft, running water, damage to goods, etc. The property management fee is only the service fee, which is the maintenance fee of public facilities and equipment, not the guarantee fee or insurance fee. If you ask the property management company to assume unwarranted responsibilities at will, it will be difficult to coordinate the responsibilities and rights of property service companies. If the owners suffer losses, they should solve them legally and reasonably, instead of blindly asking the property company to be responsible.

8. The arrears of the original owners in real estate transfer.

Article 41 of the Property Management Regulations stipulates: "If the owner and the user of the property agree that the user of the property will pay the property service fee, the owner shall bear joint and several liabilities from their agreement." Here, the joint liability of the owner and the lessee for the property fee is clarified.

Iii. Collection standard of property fees in 2020

The income of property fees of property companies is directly related to their charging standards and business volume. Generally speaking, the higher the standard of property fees, the higher the income of property companies. However, on the one hand, the collection standard of property fees should be restricted by relevant national policies and regulations, and it is not allowed to collect fees at random; On the other hand, the charging standard of property fees is also limited by the income level of users and subject to the principle of high quality and good price. Therefore, the determination of property fees should follow some principles:

1, which does not violate the relevant regulations of the state and local governments.

2. Adapt to the income level of users. It should be determined according to the user's income level. If the charging standard is too high, users can't bear it, and it is not easy to get the support of users. On the other hand, if the charging standard is too low, the property management company will lose money in service, which violates the market rules.

3, high quality and good price, taking into account the interests of all parties. The higher the level of service provided, the higher the charging standard. The charging standard for special services is generally higher than that for public services, while that for commercial departments is generally higher than that for government agencies and institutions.

4. The principle of meager profit. Property management service income has a slight surplus after deducting expenses, otherwise the more services, the greater the workload and the more losses.

The above are eight reasons about whether it is illegal for a community not to pay property fees, and the relevant contents of the property fee collection standard 2020. I hope I can help you!