Interpreting the Property Clause in the Civil Code

Interpretation of Article 939 of People's Republic of China (PRC) Civil Code;

1. 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. What the property management company provides is the public affairs management service of the community, that is, the daily maintenance of the internal environment, hygiene and safety of the community. Therefore, even if you don't actually live, you have to pay the property fee. At present, there are also some property companies that handle "vacant houses" for owners who do not actually live, which can reduce a certain percentage of property fees.

2. If the services provided by the property management company can't meet the standards stipulated in the contract, you can directly negotiate with the property management company through the owners' committee, or even hire other property management companies to manage the community according to the contract. Owners should pay attention to retaining or fixing evidence so that there is evidence to follow in case of disputes.

3. The Civil Law of People's Republic of China (PRC) also clearly stipulates that property management companies cannot use water and power cuts to demand payment of property fees, and should fully guarantee the normal life of residents.

Interpretation of Articles 940th and 950th of People's Republic of China (PRC) Civil Code:

1. If you are not satisfied with the previous property company entrusted by the community developer, you have the right to change the property company. If you are still not satisfied with the replacement property company, you can decide to dismiss the property company and terminate the property service contract in accordance with legal procedures.

2. During the change of the property management enterprise, the original property management enterprise shall continue to provide property services, and may require the owners to pay the property fees during the period.

legal ground

Validity of Property Service Contract Article 939 of the Civil Law of People's Republic of China (PRC) The preliminary property service contract concluded by the construction unit and the property service provider according to law and the property service contract concluded by the owners' committee and the property service provider selected by the owners' congress according to law are legally binding on the owners.

Article 940th of the Civil Code of People's Republic of China (PRC) Conditions for Legal Dissolution of Pre-realty Service Contract Before the service period stipulated in the pre-realty service contract concluded by the construction unit and the realty service provider according to law expires, the pre-realty service contract concluded by the owners' committee or the owners and the new realty service provider takes effect, and the pre-realty service contract is terminated.

Article 950 of the Civil Code of People's Republic of China (PRC) * * * After the termination of the property service contract, the original property service provider shall continue to handle the property service matters before the owners' meeting or the new property service provider selected by the owners' meeting or the owners who decide to manage themselves take over, and may require the owners to pay the property fees for the period.